Former Bungoma Governor Wycliffe Wangamati and 14 others were on Tuesday arraigned at the Milimani Anti-Corruption Court, where they faced 27 corruption-related charges linked to the embezzlement of over KSh 70.2 million of public funds through private entities.
Wangamati and his co-accused, who spent the night at Kilimani Police Station, appeared before Senior Principal Magistrate Zipporah Gichana and pleaded not guilty to a range of charges, including conflict of interest, use of proceeds of crime, acquisition of proceeds of crime, willful failure to comply with procurement laws, and engaging in fraudulent practices during public procurement processes.
The former county boss was charged alongside several members of his family, including his siblings Edward Wangamati, George Wangamati, and Emmanuel Wangamati.
In total, eight of the 15 accused persons are said to be relatives of the former county chief.
Other co-accused persons in the case include Alex Odanga, Edward Maaya, Jumah Swaleh, Wafula Wakoli, Wisdom Baraka, Rita Mwaka, Sandra Soita, Christopher Makhokha, Jimmy Wekesa and Silvan Wanyonyi
One of the suspects, Bramwel Wafula, appeared in court in a wheelchair.
The prosecution alleges that during Wangamati’s tenure as Bungoma Governor, the accused persons conspired to siphon county funds through fraudulent procurement practices and conflict-ridden transactions involving companies linked to their relatives and associates.
The monies, totaling over KSh 70.2 million, were allegedly wired to private accounts under the guise of payments for services that were either inflated or never delivered.
According to the charge sheet, Wangamati specifically faces three counts of conflict of interest contrary to Section 42(3) as read with Sections 38 and 48 of the Anti-Corruption and Economic Crimes Act.
The former Bungoma County boss denies allegations that he received a total of Sh24 million in bribes from fraudulent procurement deals
He is accused of presiding over the award of county contracts to companies associated with his close family members, a direct violation of procurement and public ethics laws.
“Between May 20, 2020, and June 12, 2021, while serving as Governor of Bungoma County, Wycliffe Wafula Wangamati knowingly acquired an indirect private interest amounting to Ksh 10,500,000 through Nabwala Construction Limited, a company directed by his siblings. This amount was paid from Valeria Construction Limited, linked to payments made by the County Government of Bungoma for multiple road maintenance tenders,” the charge sheet alleges.
In the second count, the DPP accused Wycliffe Wafula Wangamati of engaging in a conflict of interest by channeling county funds to a company linked to his siblings.
“Between July 9, 2020, and September 27, 2021, while serving as Governor of Bungoma County, Wycliffe Wafula Wangamati knowingly acquired an indirect private interest amounting to Ksh 5,430,000 through Nabwala Construction Limited, a company whose directors are his siblings, from funds paid by the county to Mundesi Contractors Limited in connection with road maintenance tenders,” the DPP told the court, citing conflict of interest contrary to Section 42(3) as read with Section 48 of the Anti-Corruption and Economic.
In the third count, the court was told that former Governor Wangamati benefited from a conflict of interest involving KSh 9.35 million paid to a company associated with his siblings.
“Between May 12, 2020, and June 12, 2021, while serving as Governor of Bungoma County, Wangamati knowingly acquired an indirect private interest amounting to Ksh 9,350,000 through Nabwala Construction Limited, a company whose directors are his siblings, from payments made by the County Government of Bungoma to Kelco Builders Limited in connection with road maintenance tenders,” the court heard, citing conflict of interest contrary to Section 42(3) as read with Section 48 of the Anti-Corruption and Economic Crimes Act, Cap 65.
Edward Maaya Makhan and Nabweso Builders Limited denied allegations of engaging in fraudulent procurement practices by submitting falsified documents in support of a road maintenance tender in Bungoma County.
“Between October 9, 2020, and January 14, 2021, in Bungoma County, Nabweso Builders Limited and its director, Edward Maaya Makhan, engaged in a fraudulent practice in procurement by submitting false documents, including a letter dated January 6, 2019, and falsified local service and purchase orders, in support of their bid for Tender No. BGM/CNT//RPW/CEF/OT/016/2020-2021 for the periodic maintenance of roads in Kimilili Ward,” the prosecution stated, citing an offence contrary to Section 66(1) as read with Section 177 of the Public Procurement and Asset Disposal Act, 2015.
Wakoli Wafula Chesititi and Valeria Construction Limited were accused of engaging in fraudulent procurement by submitting falsified certificates to support their bid for a Bungoma County road maintenance tender.
“Between January 5, 2019, and May 15, 2019, in Bungoma County, Valeria Construction Limited and its director, Wakoli Wafula Chesititi, engaged in a fraudulent practice in procurement by submitting false documents, including a Kenya Wildlife Service Defect Liability Certificate and forged completion certificates from the County Governments of Kwale and Uasin Gishu — in support of their bid for Tender No. BGM/CNTY/RPW/OT/CPF/249/2018-2019 for periodic maintenance of roads in East Sangalo Ward,” the prosecution stated, citing Section 66(1) as read with Section 177 of the Public Procurement and Asset Disposal Act, 2015.
Wangamati and his co-accused denied all the charges and urged the court to consider reasonable bail terms.
His lawyers told the court that eight of the co-accused are directly related to him, including his niece and nephew, and maintained that none of them pose a flight risk.
They also emphasized their clients’ right to be presumed innocent until proven guilty.
The defense further argued that the charges were politically motivated and meant to tarnish the former governor’s reputation and derail his future political ambitions.
The prosecution led by Welsey Nyamache opposed lenient bail terms, citing the gravity of the charges, the amount of public funds involved, and the likelihood of interference with witnesses, some of whom are said to be junior county officials who served under Wangamati’s administration.
The bail hearing is currently ongoing at Milimani Law courts
