Former Nyandarua Governor Daniel Waithaka Mwangi and ex-Water CEC Grace Gitonga have been fined Ksh1 million each or serve a two-year jail term for procurement-related offenses.
Delivering the ruling on Thursday, Nyahururu Chief Magistrate Evans Keagwo stated that the evidence presented before the court proved there was mismanagement of public funds due to irregular procurement.
The two were found guilty of failing to follow proper procurement procedures, leading to the irregular awarding of a Ksh50.5 million tender meant for the Ol-Kalou Water and Sanitation project master plan. Investigations by the Ethics and Anti-Corruption Commission (EACC) revealed that the duo illegally awarded the contract to Israel-based consultancy firm M/s TAHAL Consulting Engineers Ltd in 2014.
Although the court ruled that no funds were lost, the magistrate noted that the contract was issued without prior planning and in violation of procurement laws.
During the virtual court session, the defense pleaded for leniency, arguing that both accused were first-time offenders. Lawyers also informed the court that the former governor is unwell and unable to walk or talk, hence his absence from the proceedings.
The sentencing has been suspended until Monday, March 24, when the two must present themselves in court to confirm whether they have paid the fines. Failure to comply will result in their immediate imprisonment.
EACC Regional Deputy Director Grace Omweri welcomed the ruling, emphasizing the commission’s commitment to ensuring accountability in the management of public resources.