Nairobi: Former Nyandarua Governor Daniel Waithaka Mwangi and then Water County Executive Committee Member (CECM) Ms. Grace Gitonga were on Thursday fined Sh1 million or face a two-year jail term for procurement-related offences. In a virtual judgement, Nyahururu Chief Magistrate Evans Keago declared that the evidence presented was sufficient and indicated a loss of public funds.
According to Kenya News Agency, the two were found guilty of not following the established procurement procedures, resulting in the loss of Sh50.5 million designated for the Ol-Kalou Water and Sanitation project master plan. The charges, filed in 2018, followed an investigation by the EACC, which uncovered that the pair had improperly awarded a Sh50 million contract to Israel-based consultancy firm, M/s TAHAL Consulting Engineers Ltd.
The Chief Magistrate, while sentencing, noted that although no funds were directly lost, the contract was awarded irregularly and lacked prior planning. During the sentencing, which occurred virtually, the defense lawyers sought leniency, emphasizing that both individuals were first-time offenders.
Neither of the accused was present in the courtroom, with the former governor currently hospitalized at Nairobi Hospital due to a stroke-related condition, rendering him unable to walk or talk. The sentencing has been postponed until Monday 24, by which time the accused are expected to appear in court to either pay the fines or face jail time.
EACC Regional Deputy Director Grace Omweri expressed satisfaction with the judgement. The case originated from a 2014 contract award that failed to adhere to necessary procurement procedures.