A Milimani Law court has heard how Ferdinand ‘Baba Yao’ Waititu allegedly used “kickbacks” paid by a Kiambu county contractor to buy a hotel in the Nairobi CBD.
A banker from Equity Bank Ltd tabled 45 documents in court showing a trail of bank transfers between the county government, the road contractor, and business entities owned by the former Kiambu governor.
The contractor – Testimony Enterprises – had been awarded a tender to upgrade various gravel roads in Limuru, Gatundu North, Thika, Juja and Ruiru sub-counties for Sh588 million.
In his submission before Chief Magistrate Thomas Nzioki, the banker, Mr Lijondo Kihima, said the financial transactions happened between 2017 and 2019.
Mr Kihima detailed how Testimony Enterprises wired over Sh110 million to Waititu’s company known as Saika Two Estate Developers Limited.
Saika then used the proceeds to pay Lake Naivasha Resort Ltd for the acquisition of Bienvenue Delta Hotel on University Way in Nairobi.
The prosecution witness also tabled 11 cheques drawn by Testimony in favour of Saika and Bienvenue Delta Hotel.
The banker also told the court that on April 4, 2017, Waititu transferred Sh450 million from his bank to Lake Naivasha Resort Ltd.
“I am the one who supplied the documents to the investigating officer and certified the account opening documents,” Kihima said.
Waititu is facing graft charges alongside 12 others, including the Directors of Testimony Enterprises, Charles Chege Mbuthia and Beth Wangechi Mburu.
Others include Waititu’s wife Susan Wangari Ndung’u and their trading companies, Saika Two Estate Ltd (for Mr Waititu) and Bienvenue Delta Hotel (for Ms Wangari).
The Ethics and Anti-Corruption Commission (EACC) alleges that between October 2018 and January 2019 the couple jointly received money from Testimony Enterprises while aware that it was acquired from Kiambu County by corrupt means.
The hearing continues.