Daniel Waithaka moved to Nakuru to face graft charges
Ex-Nyandarua Governor Daniel Waithaka (left), former Water Executive Grace Wanjiru Gitonga (centre) and Water Chief Officer Gaiko Kahiu appear before the Nyahururu court on July 27, 2018. PHOTO | STEVE NJUGUNA | NATION MEDIA GROUP
What you need to know:
Mr Waithaka and Ms Gitonga will also be charged with engaging in a project without prior planning, contrary to procurement laws.
The former governor also faces a charge of abuse of office, contrary to section 46 of the Anti-Corruption and Economic Crimes Act.
Former Nyandarua Governor Daniel Waithaka and two other suspects in Sh50 million corruption case have been arraigned in Nyandarua.
Mr Waithaka, former Water Executive Grace Gitonga and Mr Kihiu Gaiko, the sitting water chief officer, appeared before Resident Magistrate James Wanyanga on Friday morning.
REFERRAL
However, they did not take plea as the court referred their files to Nakuru, citing lack of jurisdiction.
The magistrate said the file would later be referred back to Nyahururu for trial when the anti-graft court resumes sessions.
"We have only one gazetted anti-corruption court at Nyahururu High Court. We have another one at Engineer Law Courts but both courts are currently on leave so I will refer this file to Nakuru, which is the nearest, as this court has no jurisdiction to handle the case," said the magistrate.
A beaming Waithaka is pictured after arriving at the Nakuru Law Courts on July 27, 2018. PHOTO | JOSEPH OPENDA | NATION MEDIA GROUP
The trio were put under arrest after presenting themselves to the Ethics and Anti-Corruption Commission (EACC) in Nyeri on Thursday.
They were transferred to Nyahururu on Friday morning.
The ex-governor and the officials will be charged with abuse of office, flouting of procurement procedures and failure to comply with procurement laws, according to Director of Public Prosecutions Noordin Haji..
This is according to a brief released on Wednesday by Director of Public Prosecutions Noordin Haji.
CHARGES
“The former county boss and Ms Gitonga will be charged with willful failure to comply with the law relating to public procurement, contrary to section 45 of the Anti-Corruption and Economic Crimes Act, 2003,” Mr Haji said.
Mr Waithaka and Ms Gitonga will also be charged with engaging in a project without prior planning, contrary to procurement laws.
The former governor also faces a charge of abuse of office, contrary to section 46 of the Anti-Corruption and Economic Crimes Act.
Mr Haji on Wednesday said investigations had indicated that Mr Waithaka flouted procurement laws and regulations in awarding the contract to M/S Tahal Consulting Engineers Ltd in December 2014.
The company, which was to redesign the Ol Kalou town sewerage system, was irregularly paid Sh50,470,513.
Investigations revealed that during the financial year 2013/2014, Nyandarua County government neither had a procurement plan nor funds for the project.
