Stephen Arap Soi, has faulted his jailing saying that he did not have authority to receive the money he is accused of misusing.
Soi, who was Head of Mission to 2016 Rio Olympics is serving 17 years in prison for abuse of office.
In the appeal before the High Court, Soi states he was neither an authority to incur expenditure nor an accounting officer appointed by the National Olympics Committee of Kenya (NOC-K) on the mission to Rio in Brazil.
He added that for him to incur expenditure, he must have the authority from the Treasury and did not access the funds he is accused of misappropriating.
Soi was found guilty together with former Sports CS Hassan Wario and sentenced to 17 years in jail after he failed to pay a fine of ksh105.6 million.
He was also accused of authorising the cancellation of air tickets resulting in a loss of ksh9.7 million public funds and overpaying allowances to officials, athletes and journalists who travelled to Rio.
Former Sports CS, Wario had been sentenced to a six year jail term with an option of paying a fine of ksh3.6 million, which he paid and was freed.
Soi also noted that he was discriminated against and condemned to pay fines for allowances said to have been overpaid to athletes and sports officials, yet the decision was arrived at by the National Steering Committee, which comprised several individuals.
He also highlighted that chief magistrate Elizabeth Juma convicted him on a misinterpretation of the law that he was discharging his duties as a police officer yet he was on an assignment given to him by NOC-K, an affiliate of the International Olympic Committee, whose functions have nothing to do with public duties in Kenya.
He also pointed out that he was not in Kenya between July 20 and August 26, 2016, when the cash was paid out to athletes and officials.
Before the appeal is heard, Soi has pleaded with the court to release him on bail saying he is sick, suffering from chronic diseases that require constant medical attention and checkup from his personal doctor.
Soi noted he is an elderly man at 65 years and his health might deteriorate while in prison, yet his appeal has high chances of success. His appeal is set to be heard on December 16.
“The applicant is apprehensive that his health will be greatly affected is this application is not heard urgently as he will not be able to get the required medical care and attention while in custody because of his medical condition he is required to adhere to strict diet and to take medication and have checkups on strict occasions,” his lawyer Kimutai Bosek stated.
Soi also noted he is the sole breadwinner and keeping him in custody will leave his family destitute.