March 14, 2025
Nairobi, Kenya
Featured

Sentencing looms for former Governor Waithaka after conviction in shady tender deal

Former Nyandarua Governor Daniel Waithaka Mwangi has been convicted of procurement irregularities, marking yet another case of corruption among former county bosses.

The Nyahururu Anti-Corruption Court found Waithaka guilty on multiple counts, including willfully failing to comply with procurement laws, engaging in projects without prior planning, and misusing his office for personal gain.

Alongside him, Grace Wanjiru Gitonga, a former County Executive Committee Member, was also convicted for her role in the scandal.

The court established that in the 2013/2014 financial year, Waithaka and Gitonga illegally procured the services of a consulting engineering firm without following the legally required procurement process.

According to court documents, the two public officers, who were responsible for managing county resources, failed to comply with the Public Procurement and Disposal Act, 2006.

The law mandates that all government contracts be awarded through a competitive process to ensure transparency and fairness. However, Waithaka and his accomplice disregarded these rules, instead unlawfully granting a contract without a proper procurement plan.

Court records indicate that on April 30, 2014, at the Nyandarua County Government offices, the former governor and his CEC member hired a consultancy firm to prepare the County Water Master Plan and design the Ol Kalou Town Sewerage System.

The project, which involved crucial infrastructure development, should have followed a structured procurement procedure. Instead, the two officials bypassed the law, handing the contract to a firm of their choosing without competitive bidding.

This act violated Section 26(3)(a) of the Public Procurement and Disposal Act, which requires procurement to be planned and executed transparently.

The court further found that Waithaka used his office for personal gain, awarding the contract unfairly to benefit the consultancy firm. This ruling highlights how corruption has been deeply embedded in county administrations, where leaders entrusted with public funds misuse their positions to favor specific companies.

The consequences of such actions are dire, as they lead to misallocation of resources, poor service delivery, and stalled development projects.

The illegal tendering of the County Water Master Plan and the sewerage system design raises questions about the efficiency and quality of work that may have resulted from the irregular process.

Waithaka now awaits his sentencing, which is scheduled for Monday, March 20, when the court will determine his fate after hearing mitigation arguments.

His conviction comes in the wake of another high-profile case involving former Kiambu Governor Ferdinand Waititu, who was sentenced to 12 years in prison or a Ksh53.5 million fine for similar offenses.

The back-to-back convictions of former governors reflect the ongoing efforts to curb corruption in county governments, but they also expose the deep-rooted culture of impunity that has plagued devolved units since their inception.

The case of Waithaka adds to the growing list of county officials who have been caught misusing public resources. While the Ethics and Anti-Corruption Commission (EACC) continues to pursue such cases, the cycle of corruption remains unbroken as new leaders take office and engage in similar fraudulent activities.

The Nyandarua case serves as a reminder that public officers who flout procurement laws will eventually be held accountable. However, the bigger challenge remains ensuring that procurement processes are strictly followed to prevent future cases of embezzlement and misuse of office.

The sentencing of Waithaka will be closely watched, especially in comparison to Waititu’s case, which set a precedent for harsher penalties on corrupt county officials.

Whether he receives a prison sentence or a fine, his conviction sends a clear message that the fight against corruption in county governments is far from over. However, for the residents of Nyandarua, the damage has already been done.

The irregularities in procurement may have cost the county millions, and the effects of poor planning on crucial infrastructure projects could still be felt today.As more former county bosses face corruption charges, Kenyans continue to question the effectiveness of devolution in service delivery.

While the Constitution intended for county governments to bring development closer to the people, cases like Waithaka’s show that the system has also created new avenues for looting public funds.

With upcoming sentencing, the focus will be on whether the punishment will serve as a deterrent to other officials who may be tempted to abuse their positions.

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