The Ferdinand Waititu Sh588 million graft case started yesterday at the Milimani Anti-Corruption Court after the former Kiambu governor failed to have it postponed, citing sickness.
Waititu, who is charged alongside his wife Susan Wangari and eight others, turned up for the trial after missing three court proceedings on claims that he was suffering from Covid-19.
Senior principal magistrate Thomas Nzioki dismissed his adjournment application.
Three doctors appointed by the Kenya Medical Practitioners and Dentists Board to test the former governor and authenticate his Covid-19 claims are yet to file their report in court.
State counsel Joseph Riungu told the court that three doctors examined Waititu but test results will be ready on Friday.
The doctors, attached to Kenyatta National Hospital, had in a letter said the former governor needed to undergo laboratory and imaging tests, a high resolution CT-scan and a Covid-19 test to confirm his health status.
He told his lawyer, John Swaka, to ensure he attended the hearing.
When the hearing started, the prosecution presented witness Justus Bundi, a former director of procurement at the county government.
Riungu said the prosecution had 69 witnesses and that he will also rely on documentary evidence.
“We will endeavour to prove the offences such as conflict of interest, dealing with suspect property, abuse of office, willful failure to comply with law relating to procurement, engaging in fraudulent practice, fraudulent acquisition of public property and money laundering,” he said.
He said the subject tender of Sh588 million involving upgrading of gravelled roads was awarded irregularly to Testimony Enterprises Ltd which gave the former governor a kickback of Sh25.6 million.
Waititu was in July last year charged with Sh588 million irregular tender alongside his wife Wangari and eight others.