Ex-Nyandarua county boss Daniel Waithaka jailed for 2yrs over procurement irregularities

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NAIROBI, Kenya, Mar 20 — Former Nyandarua County Governor Daniel Waithaka Mwangi has been sentenced to two years in prison or a fine of Sh1 million after being found guilty of procurement irregularities.

The verdict was delivered at the Nyahururu Anti-Corruption Court, where Waithaka was sentenced alongside Grace Wanjiru Gitonga, the former County Executive Committee Member for Water, Energy, Environment, and Natural Resources.

The Office of the Director of Public Prosecutions disclosed Thursday that Gitonga also received a two-year sentence or a Sh1 million fine.

Waithaka was found guilty of willfully failing to comply with procurement laws and sentenced to two years in prison or a Sh500,000 fine.

He was handed another two-year sentence or a Sh500,000 fine for abuse of office.

Chief Magistrate Hezekiah Keago ruled that the sentences would run concurrently if Waithaka fails to pay the fine.

Gitonga was convicted of engaging in a project without prior planning and sentenced to two years or a Sh500,000 fine. She also received another two-year sentence or a Sh500,000 fine for willfully failing to comply with procurement laws. Her sentences will also run concurrently if the fine is not paid.

The court heard that on April 30, 2014, both Waithaka and Gitonga, in their capacities as public officers, violated the Public Procurement and Disposal Act of 2006.

They unlawfully procured the services of M/s TAHAL Consulting Engineers Limited without a procurement plan for the 2013/2014 financial year, contrary to Section 26(3)(a) of the Act.

Additionally, the court found that on or about April 4, 2014, Waithaka improperly used his office to confer a benefit on M/s TAHAL Consulting Engineers Limited by awarding the company a contract for the development of the County Water Master Plan and the design review of the Ol Kalou Town Sewerage System without following the required procurement procedures.

Waithaka becomes the third governor in the past two years to be convicted on graft charges, joining former Samburu County Governor Moses Lenolkulal and former Kiambu Governor Ferdinand Waititu.

The prosecution team in the case was led by Mercy Gateru, Maryanne Mwangi, Alex Akula, and Wesley Nyamache.

Source: capitalfm