Former Kiambu Governor Ferdinand Waititu has come clean and defended self in Sh25 million suspicious payment.
This was after the Ethics and Anti-Corruption Commission (EACC) revealed that the said Sh25 million deposited in Waititu’s accounts was a kickback after awarding a tender worth Sh588.
Defending self in papers filed in court, the former county boss did not deny receiving the money, he, however, denied that it was a bribe.
For instance, he cited that the money was part of the payment he received after selling a piece of land.
“I had sold the land to one of the company’s directors and the money was part of the payment for my land,” he said.
He consequently claimed that he was in no position to influence the tendering process as it was done and managed by an independent committee.
Waititu was impeached following Sh588 graft allegations among other corruption charges. His Deputy, James Nyoro took over and serves as the current county boss.
On Monday, the hearing of the corruption case against Waititu failed to kick-off for the third time after the court was told the accused is hospitalized.
Waititu’s lawyer John Swaka told the court that his client was admitted to hospital on October 24.
The prosecution, however, accused the former Kiambu county boss of being disingenuous about his medical condition.
Led by Joseph Riungu Gitonga, the prosecution poked holes in a medical report tabled in court by Waititu’s lawyers and asked the court to allow three independent doctors appointed by the Kenya Medical Practitioners and Dentists Board (KMPD) to examine Waititu’s health to establish whether he is sick as claimed by his attorney.
“That a team of three appointed by Kenya medical practitioners and dentist board do examine the metal assessment and be filed in court and the purpose is for the court to assess the mental status and for the DPP to make further applications,” court heard.
The prosecution further asked the court to allow the case to proceed in the absence of the first accused person — Waititu.
The prosecution argued that if the case is adjourned for another time it will occasion delay of the hearing of matter for other accused persons adding that Waititu has made it impossible for the proceedings to kick off.
“The conduct of the accused person is meant to delay the hearing of this case, He has not indicated whether there will be a review ….this court can’t be held in abeyance…we also go to the hospital and the doctors indicate when we should go back for reviews,’’ Riungu said.
The defense team opposed the request saying Waititu has a right to be present during the hearing of the case.
“This court has to be independent. My client has not failed to come to court …the constitution says that an accused person has a right to be presumed innocent,” the court heard.
The court is expected to deliver a ruling on the prosecution’s application today, Wednesday 28, 2020.
Further reports indicate that the Director of Public Prosecution (DPP) Noordin Haji is seeking new tactics to have Waititu’s bond terms canceled so that he can be rearrested ahead of the graft case.