The High Court has curtailed attempts by a company accused of giving kickbacks to former Kiambu Governor to extricate itself from charges facing it.

Anti Corruption Judge, James Wakiaga dismissed the case by directors of Testimony Enterprises, who alleged that the Director of Public Prosecution had breached their rights, by not allowing them to give their side of the story before charging them and sought to have the charges dropped. The judge, however, said that the allegations should be part of the defense in the trial and ruled that the DPP had acted within his mandate.

The directors of the company are facing charges over inflated irregular tenders worth Ksh.588 million and the payment of kickbacks to former Kiambu governor Ferdinand Waititu and his family.

Charles Chege and Beth Wangeci, Directors of Testimony Enterprises directors, have been charged with three counts of money laundering, fraudulent acquisition of public property and engaging in a fraudulent practice in procurement. They have also been accused of receiving an inflated tender which was not competitively awarded, worth Kshs.588,198,328.

The firm was also accused of using forged or falsified bid documents calculated to win the tender. It is alleged that the company deceptively demonstrated technical and financial capacity to undertake the works, yet it did not have the ability.

Additionally, the Ethics and Anti-Corruption Commission has accused the firm of wiring millions of shillings to companies associated with Waititu and his wife days after receiving cash from Kiambu County.

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