The matter is fixed for hearing on Thursday, February 23.
Leave was granted or allowed to the trio by the Supreme Court on Dec 14, 2016 after the court was satisfied on their grounds of appeal.
One of their grounds of appeal is that that they were found guilty of misappropriating K350,000 and an additional K24,000 and not K7,060,000- the amount to which they were sentenced to 10 years in jail for.
The three were convicted on July 26,2016 by the National Court for conspiring to defraud the state and misappropriating monies amounting to K7 million.
Prior to their sentence, they repaid K373, 971.68. Receipt of the repaid amount was provided to court just before the National court sentenced them to 10 years in jail on Nov 18, 2016.
The three were found guilty for conspiring to establish the Fly Care Foundation between January 1 and December 30, 2013, by using over K7m funding from the provincial government.
They conspired to misappropriate funds through a memorandum of agreement between Governor Wobiro and May, for the Foundation to deliver projects in the province.
Justice Martin Ipang, in his ruling on July 26, said there was overwhelming evidence that Wobiro paid K350,000 to New Century Hotel as a cover up for informal sector projects, when it was actually intended for his electoral officials who led his campaign in the 2012 General Elections.
It was also found that he paid out monies for various church projects in the province without following proper processes. No acquittals were done on the funds given out.