The High Court yesterday declined to overturn Sirisia Member of Parliament John Waluke’s conviction in one of the most dramatic corruption cases in the nation’s history; he will now spend the next 67 years behind bars.
The appeal filed by Mr Waluke and his business partner, Ms Grace Wakhungu, against their conviction in the Ksh.297 million maize scandals was dismissed by Justice Esther Maina. Ms Wakhungu will serve 69 years for fraud while Mr Waluke will serve 67 years. The punishment, according to Justice Maina, was appropriate and not overly harsh.
“After carefully considering the evidence, this court concluded that the appeals have no merit. The criminal charges were proved beyond a reasonable doubt,” said the judge on Thursday while dismissing the appeal. She also ruled that the appellants must either pay the fines, Ksh.727 million for Mr Waluke and Ksh.707 million for Ms Wakhungu or face jail time. According to the judgment, the National Cereals and Produce Board’s payment of Ksh.297, 386,505 in 2013 to its trading entity, Erad Supplies and General Contractors Limited, was made fraudulently.
“The invoice upon which the claim for payment was based was a forgery. Mr Waluke presented it to an arbitrator knowing very well Erad Supplies and General Contractors Limited had no deal with the maker of the invoice (Chelsea Freight Ltd) and as a result, it was paid the sums by a public entity,” said Justice Maina.
“The amount that the Court has requested of our MP John Waluke is a big amount, we want to ask the court to reduce the bail and set him free,” he said. Mr Masai said that MP Waluke was forced to join the Azimio la Umoja One Kenya Alliance but he is allied to President William Ruto
In the arbitration case involving Erad and the National Cereal and Produce Board, the defendants were found guilty on five counts, including issuing fake invoices, perjury, and fraudulent acquisition of public property. The offences were committed between 2009 and 2013. The corruption trial was held after investigations by the Public Accounts Committee of the National Assembly and the prosecution brought forward 27 witnesses to testify.
The court determined that the graft offences were significant and that fraud had been perpetrated because the invoice presented was a forgery, according to evidence presented by the prosecution. After the court verdict, residents of Sirisia yesterday called on President William Ruto to intervene in MP John Waluke’s graft case. Addressing the press on Thursday at Mayanja market, Mr Bonny Masai, a resident in Sirisia said that the Court has overcharged MP Waluke.
“The amount that the Court has requested of our MP John Waluke is a big amount, we want to ask the court to reduce the bail and set him free,” he said. Mr Masai said that MP Waluke was forced to join the Azimio la Umoja One Kenya Alliance but he is allied to President William Ruto.
“Waluke led other Kenya Kwanza MPs in selling the UDA party in Bungoma County that saw over 300, 000 people registered as party members,” he said. He added, “During campaigns, Waluke was only campaigning for himself but on the Presidential position he (Waluke) said that we vote for our favourite candidates.
Mr Masai said that as Sirisia residents they will strongly stand with MP Waluke adding that Mr Waluke has promised them a lot. “This is the third time we have voted in for MP Waluke, we believe in him that is why we gave him all our votes,” he added. On the Constituency development, Masai noted that MP Waluke has tried in developing the area noting that the MP had promised to tarmac the Mayanja- Sirisia road and support youth groups.
By Brown Wafula and Lavin Atieno
