Waititu appeals Sh588 million corruption verdict, claims unfair trial
Waititu argues that the court erred in law and fact by failing to consider "key exceptional and unusual circumstances" crucial to determining the case.
Former Kiambu Governor Ferdinand Waititu has appealed against the Anti-Corruption judgment that found him guilty of fraud in the Sh588 million scandal and sentenced him to 12 years in prison.
Waititu argues that the court erred in law and fact by failing to consider "key exceptional and unusual circumstances" crucial to determining the case.
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He was found guilty of conflict of interest, contrary to the Anti-Corruption and Economic Crimes Act (ACECA) of 2003, after influencing the awarding of a tender to a company owned by his wife's business associates, which did not meet the qualification criteria.
Waititu had received Sh25.6 million as a kickback and was fined double the amount, as stipulated by the Act, in addition to an extra Sh1 million fine for the offence of conflict of interest, contrary to section 42 (3) read with section 48 of ACECA.
He was also found guilty of dealing with suspect property, contrary to ACECA of 2003, after millions of shillings suspected to be part of the loot were found in bank accounts belonging to his companies.
"I am aggrieved by the court's findings and wish to file an appeal, which I believe has overwhelming chances of success. I have lodged my petition of appeal. The trial court convicted me based on evidence that failed to prove beyond reasonable doubt that I actually committed the crimes," he states.
"Inter alia, the prosecution was not able to establish a direct link between me and the Lake Naivasha Resort but instead developed a theory to directly implicate me."
The 62-year-old politician is currently serving his sentence at the Nairobi Area Remand and Allocation Prison in the Industrial Area after failing to pay the optional fine of Sh53.7 million.
He has pleaded with the High Court to release him on the same bond terms he had been granted by the Magistrate's Court.
His lawyer, Danstan Omari, stated that Waititu had deposited a title deed for a Sh50 million parcel of land during the trial at the Magistrate's Court.
Omari further argued that Waititu is in poor health and urged the High Court to consider his appeal to avoid a situation similar to that of former Nairobi Mayor John Gakuo, who died while awaiting the hearing of his appeal after being jailed for graft.
Waititu also claims that he is the sole breadwinner for his family and that his continued incarceration, pending the hearing and determination of his appeal, will leave his family destitute and in financial distress.
He asserts that he will comply with any conditions set by the High Court.
"I was out on bond during the trial at the lower court and dutifully attended court at all times. I have always appeared in court when required and will continue to do so if released on bail pending appeal," he says.
"I am not a flight risk, as I am a well-known public figure who has been actively involved in politics for over 20 years. I have a permanent residence and family members, including my nuclear family, all residing within the Republic of Kenya."
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