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Fails & scandalsAfrica

Kenya fines ex-governor and road contractor over laundered cash from a $4.5 million paving tender

A Nairobi anti-corruption court on Nov. 2 fined former Kiambu governor Ferdinand Waititu Sh21 million, with 13 years in prison as the alternative, for laundering money from a Sh588.7 million (about $4.5 million) county road contract. The contractor, Testimony Enterprises, and its director drew Sh57 million in combined fines.

Chief Magistrate Harrison Barasa of the Milimani Anti-Corruption Court set the penalties on three money-laundering counts, The Standard reported. Waititu was fined Sh10 million, Sh6 million and Sh5 million, with default terms of five, four and four years. Those terms run concurrently with the 12-year sentence he is already serving for corruption tied to the same tender, under directions the High Court issued on Oct. 14, so the ruling adds no prison time on its own, Kenyans.co.ke reported.

Kiambu County awarded the contract to Testimony Enterprises Limited in the 2017/2018 financial year to pave gravel roads with bitumen in Thika, Limuru, Gatundu North, Juja and Ruiru. According to Business Today Kenya, prosecutors showed that Waititu received Sh25.6 million from the contractor via his firm Saika Two Estate Developers, and that his wife, Susan Wangari, received Sh7.2 million via her Bienvenue Delta Hotel business. The Standard reported that the three laundering counts cover transfers of Sh12.4 million, Sh7.2 million and Sh6 million in turn. Investigators also looked at claims that Testimony's bid included forged academic certificates for its technical staff.

The companies were fined as well. Adding up the per-count figures Business Today published, Testimony owes Sh36 million and Saika Two Sh24 million. Testimony director Charles Chege Mbuthia received Sh21 million in personal fines, or 13 years if unpaid, and Wangari got a Sh2 million fine, with two years as the alternative. The companies have 14 days to pay before recovery proceedings begin.

In October the High Court upheld Waititu's corruption conviction, restored the laundering charges he had been acquitted of at trial and kept a 10-year ban on holding public office, Business Today reported.

Why it matters: On public works the contractor's side of a rigged award gets punished too: the paving firm and its director now owe Sh57 million. Staff credentials in the bid and payments from the contract to firms tied to an official are what investigators traced here.

Sources

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