Former Nyandarua Governor Daniel Waithaka Mwangi and then Water County Executive Committee Member (CECM) Ms. Grace Gitonga were on Thursday fined Sh1 million or serve 2 years in default for procurement-related offences.
In his judgement done virtually, Nyahururu Chief Magistrate Evans Keago said the evidence before the court was sufficient and revealed that there was loss of public funds.
He added that the two accused persons failed to follow the laid down procurement procedures that led to the loss of Sh50.5 million meant for a master plan for the Ol-Kalou Water and Sanitation project.
The duo were charged in 2018 with the offences after investigations by EACC established the two irregularly awarded an Israel-based consultancy firm, M/s TAHAL Consulting Engineers Ltd Sh50 million tenders.
Sentencing the two, the Chief Magistrate said he was convinced that though no funds were lost, the contract was awarded irregularly and without prior planning.
During the virtual court sentence, the defence lawyers pleaded for lenient sentencing, noting that the two were first offenders.
None of the accused was physically present in court, since the former governor is at Nairobi Hospital undergoing treatment.
Defence lawyers said that the former governor can neither walk nor talk after suffering from a stroke-related disease and could therefore not attend the court.
The sentencing was suspended until Monday 24, when the two are expected to present themselves in court for compliance and verification whether they will have paid up the fines, failure to which they will be escorted to jail.
EACC Regional Deputy Director Grace Omweri said the EACC welcomes the judgement.
The charges stem from a contract awarded in 2014 without adherence to procurement procedures.
By Antony Mwangi and Rose Kamau