Former Kiambu Governor Ferdinand Waititu has argued that there was insufficient clear evidence to prove his guilt beyond a reasonable doubt in the Sh 588 million graft case.
Waititu and his wife Susan Wangari were in February this year found guilty of conflict of interest and dealing with suspect property offences after corruptly receiving millions from Kiambu county through a multi-million roads tender.
The court subsequently fined Waititu sh 54.5 million or in default serve a 12-year jail term for receiving the kickbacks from Charles Mbuthia, a director of Testimony Enterprises Ltd, five years ago.
Testimony was the company that was awarded the roads tender. Also found guilty were the directors of Testimony and roads engineer Luka Wahinya.
But Waititu in his fresh documents before the Anti-corruption High Court explains that there is no direct evidence connecting the money received by him and his companies to the awarding of the tender to Testimony Enterprises Ltd.
"In the absence of such evidence, my conviction did not meet the necessary standard of proof beyond a reasonable doubt," Waititu states.
He also argues that the trial Magistrate Thomas Nzyuki made a mistake when he convicted him on the premise that the funds in the accounts of Mbuthia and Testimony were acquired through corrupt conduct.
He has presented these arguments in a supplementary petition as he seeks bail pending appeal.
This marks the second time he is applying for bail.
"The sentence is harsh and oppressive and the continued imprisonment of my client will cause a miscarriage of justice that is both unlawful and unjustified," his advocate Kibe Mungai said.
Waititu maintains that the charges against him were defective and that the trial court failed to take into consideration that Testimony enterprises had other monies in its bank account and therefore money transferred to him was not 'invariably for the county Government of Kiambu.
He has pleaded with the court to grant him bail pending the hearing of his appeal.
Justice Lucy Njuguna directed the DPP to respond to the supplementary petition within three days. The matter will be heard on March 26.
