BY NT CORRESPONDENT.
Jailed former Nairobi town clerk John Gakuo has filed an appeal seeking to be released on bail pending hearing and determination of the appeal.
Former Local Government PS Sammy Kiriu , Mary Ngetich Ngethe and Alexander Musanga Mulee have also filed an appeal.
The four argue that the trial court erred in law and in fact by failing to appreciate whether sufficiently at all that the prosecution had failed to prove its case beyond reasonable doubt.
They further claim that trial court erred in law and in fact in its sentencing them by failing to allow them and its legal representative’s sufficient time to mitigate their sentence.
They want their appeal be to be allowed and sentence delivered on 15th of this month by the lower court be set aside.
Mr Gakuo argues that he did not have the legal authority to terminate the tendering the process of the procurement land cemetery use by city council of Nairobi in accordance with the law legally.
Gakuo says that he’s over 60 years old and owing to the case he has been suffering intermittently from high blood pressure, hypertension, and chest problems adding that he has been in and out of hospital.
“The appellant has a more than arguable appeal against the judgment, conviction and ultimate sentencing by the trail court on the 15th of March 2018,”reads the appeal.
Mid this month the anti-corruption court jailed Gakuo and Kirui three years each for their roles in the 283 million Shillings cemetery land scam.
The two were also directed to pay a fine of 1 million Shillings each as they were found guilty of abuse of office and willful failure to comply with procurement laws
They were found guilty of giving misleading information were former Nairobi City Council director of legal affairs Mary Ng’ethe and a former city official Alexander Musee.
The two were secretary and chair, respectively, of the tender evaluation committee and were found guilty of giving a misleading report purporting that the committee had agreed to buy the controversial 120-acre plot in Mavoko town.
The court said they ought to have stopped the payment of Sh283,200,000 to Naen Rech Ltd, who received the money for the irregular purchase of cemetery land.
Ngethe and Musee were sentenced to three years in prison each.