John Waluke: Court of Appeal overturns Sirisia MP’s 67-year conviction for corruption

• The Court of Appeal has overturned a High Court ruling that jailed Sirisia MP John Waluke and Grace Wakhungu for 67 years.
• The duo was involved in a multi-million dollar scandal at the National Cereals and Produce Board (NCPB)
• A trio of judges led by Justice Patrick Kiage found the court did not sufficiently analyze the prosecution’s evidence

Nairobi—Sirisia MP John Waluke and the mother of former Cabinet Secretary Judy Wakhungu have been awarded compensation by the Court of Appeal, which overturned their jail terms and fines after being convicted in a corruption case .

Waluke and Grace Wakhungu were ordered to pay a fine of KSh 1 billion or serve a 67-year jail term after being found guilty of defrauding the National Cereals and Produce Board (NCPB) of multi-million shillings

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Why Waluke’s prison sentence was overturned

Court of Appeal judges Patrick Kiage, Abida Ali Aroni and Asike Makhandia found that the court did not sufficiently analyze the prosecution’s evidence.

“We fully agree with the foregoing exposition of the law on the issue. Appellants have complained throughout that the appellate court failed to reanalyze, reconsider, and reevaluate the evidence presented in the trial court as required by law.” they stated

Elisha Ongoya, Duncan Okubasu and Paul Muite, acting for Waluke and Wakhungu, convinced the court that the two were innocent and that the harsh jail term should be set aside.

The judges said they were satisfied with the appeal.

“Ultimately, we are satisfied that the appellants have made out a case to justify us in accepting an appeal. Accordingly, the appeal is allowed, and the convictions and sentences imposed on the appellants are set aside. The appellants shall be forthwith freedom unless it is legally held,” they presented.

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Through lawyer Muite, Wakhungu, who is in his 70s, argued that the award had never been annulled and what they received was a fraction of the payment.

“There cannot be any case of fraudulent acquisition arising from a court order, which has not been set aside or set aside. If the appellants had gone to River Road and created a bogus warrant, that would be the case,” he said.

Waluke was found guilty

The MP was found guilty of defrauding NCPB of KSh 313 million alongside his co-accused, Wakhungu.

In June 2022, as previously hinted, a court in Nairobi ordered Waluke and Wakhungu to pay KSh 727 million and KSh 707 million respectively or serve 67 years in prison in default.

The court heard that the two who were named as directors of Erad Supplies and General Contracts Limited had won the tender to supply 40,000 metric tonnes of maize to NCPB.

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However, the board later annulled the award of the competition due to lack of funds, which led to a legal fight between it and the defendants.

The MP and his business partner sued NCPB for breach of contract.

In 2009, they allegedly submitted a fake invoice of KSh 115 million as evidence to support a white maize storage claim incurred by Chelsea Freight, a South African company.

Editing by Mercy Nyambura Guthua, TUKO.co.ke journalist and editor

Source: TUKO.co.ke