Former Kiambu Governor Ferdinand Waititu in his appeal at the High Court has argued that there was insufficient evidence to prove he is guilt beyond a reasonable doubt in the Ksh 588 million graft case and that the court convicted him based on limbless evidence.
He has pleaded with the court to grant him bail pending the hearing of his appeal.
Waititu and his wife Susan Wangari were convicted of conflict of interest and dealing with suspect property charges after fraudulently collecting millions from Kiambu County through a multi-million road tender.
He was sentenced to pay a fine of Ksh 53.5 million or face a 12-year prison sentence.
However, in his fresh documents before the Anti-corruption High Court, Waitu 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.
He also argues that the trial Magistrate Thomas Nzyuki erred 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.
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.
The case will be heard on March 26, 2025.
