Former Kiambu Governor Ferdinand Waititu has sought the court to dismiss fraud accusations brought against him and his wife.
Waititu contends, through his lawyer John Swaka, that the charge sheet omitted to disclose the nature of the offense committed.
“We submit that using the aforementioned accused persons to prove the prosecution case would be a miscarriage of justice,” Waititu wrote.
While requesting that the accused not be placed on trial, lawyer Swaka claims that the prosecution has not presented sufficient evidence to warrant the accused being put on trial.
The prosecution, according to Waititu, has failed to prove that the funds in question were illegal proceeds, and the transfer of money from one account to another cannot constitute money laundering.
“It is our prayer that, in the absence of a prima facie case, the accused persons be acquitted under section 210 of the Criminal Procedure Code,” submitted Waititu’s advocate.
“In the absence of a prima facie case, we submit that the court’s only option is to acquit the accused.” “The accused should not be placed on the stand,” the lawyer submitted.
In the case, Waititu, his wife, and three others are facing trial over the irregular award of a Ksh.588 million road tender in Kiambu County.
The tender in question was issued on February 12, 2018, and awarded to Testimony Enterprise owned by its directors Charles Chege and Beth Wangeci after quoting Ksh.588 million.
