Former Kiambu Governor Ferdinand Waititu has requested that the court dismiss fraud accusations brought against him and his wife.
Waititu, through his lawyer John Swaka, contends that the charge sheet omitted to disclose the nature of the offence committed.
"We submit that using the aforementioned accused persons to prove the prosecution case would be a miscarriage of justice," Waititu argued.
While requesting that the accused not be placed on trial, lawyer Swaka claims that the prosecution has not presented enough evidence to warrant the accused being put on trial.
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According to Waititu, the prosecution has failed to prove that the sums 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," the court heard.
"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 defense," the lawyer added.
Waititu, his wife, and three others are on trial for illegally allocating a Ksh.588 million road tender in Kiambu County.
The tender in question was issued on February 12, 2018, and was given to Testimony Enterprise, owned by Charles Chege and Beth Wangeci, after a quote of Ksh.588 million.
