Further, he claims that the anti-corruption court failed the test of impartiality and independence claiming that politics played part in the conviction and sentencing.
The lawyers allege that the prosecution’s case was characterized by inconsistencies and contradictions.
They assert that the 313 million shillings deal between NCPB and Erad, the company owned by Waluke and Wakhungu was a commercial transaction without criminal culpability, and therefore should have been pursued as a commercial dispute.
The lawyers also allege that Chief Magistrate Elizabeth Juma’s Court ignored evidence from the defense and that there lacked sufficient evidence to prove fraud.
They also assert that documents presented before court depicted that the convicts did not receive all the money out of the 313 million shillings and were therefore not liable for the entire loss.
Last week, Waluke was sentenced to a combined 67-year jail term, or pay upto 1.04 billion shillings in fines.
Grace Wakhungu is required to pay 1.02 billion shillings in fines or serve 69 years in prison.
Reports indicate no fines have been deposited yet