Sirisia Member of Parliament John Waluke scored a major win on Friday after the Court of Appeal overturned the 67-year jail term imposed on him over accusations of fraudulently obtaining Sh313 million from a government agency.
Waluke who had been sentenced to prison alongside his former business partner Grace Wakhungu, had moved to the upper court to appeal the decision after they were found guilty of fraudulently receiving money from the National Cereals and Produce Board.
But the Court of Appeal, in a decision on Friday, disagreed with the sentencing issued by the High Court, arguing that the court failed to properly analyze the evidence against the appellants.
“Ultimately, we are satisfied that the appellants have made a case to warrant us to allow the appeal. The appeal is accordingly allowed, and the convictions and sentences imposed on the appellants are set aside,” ruled Justices Patrick Kiage and Asike Makhandia.
Justice Abida-Ali, however, declined to sign the judgement. Both Waluke and Wakhungu had in their appeals argued that the payments in question arose from an arbitration and not a procurement award.
The two, through lawyer Paul Muite, said that the award had never been overturned and that what they received was a fraction of the payment.
“There can be no case of fraudulent acquisition arising from an order of the court, which has not been set aside or overturned. If the appellants had gone to River Road and created a fake order, this would be the case,” Muite argued.
The appellate court emphasized that the prosecution did not sufficiently differentiate between legitimate funds and those allegedly involved in corrupt activities.
Walukhe was sentenced in 2020 alongside Grace Wakhungu on June 25 over Sh300 million fraud in a maize scandal at the National Cereals and Produce Board (NCPB).
Justice Esther Maina in her judgment said that the sentence by the Magistrate’s court was not harsh since the two had defrauded the government Sh297 million in the supply of maize to NCPB.
The court further found and ruled that the evidence tendered before the trial court was factual, which showed that the appellants had fraudulently received the money.
The court gave the two the option of a fine of a total of Sh2 Billion. The duo would however appeal the ruling.
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