Reprieve for MP as Court Overturns Decision to Jail Him for 67 Years

The Court of Appeal has overturned the High Court decision that sentenced Sirisia Member of Parliament (MP) John Waluke to 67 years in prison with an option of paying a Ksh1 billion fine over maize importation scam.

Waluke was found guilty of fraud and illegal acquisition of Ksh313 million through shady deals at the National Cereals and Produce Board (NCPB)and sentenced to 67 years in jail on June 22, 2020, by the Anti-Corruption Court.

In her ruling, the Court of Appeal Judge Asike Makhandia stated that the offence of uttering false documents, even if had been proved, did not automatically mean that the remaining offences had been committed as the learned High Court Judge concluded.

“Our determination in respect of the two issues aforesaid are sufficient to dispose of this appeal. It is therefore not necessary to consider the other issues framed for determination,” reads the ruling.

“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. The appellants shall forthwith be set at liberty unless otherwise lawfully held.”

Court of Appeal Sets MP Waluke Free

The court added,” It does appear to us that after NCPB failed all the way to impugn the award in civil proceedings turned to EACC to invoke criminal sanctions against the appellants to achieve the very purpose it had been denied in civil proceedings going by the import of the sentences imposed.”

Justice Makhandia mentioned that the decision appeared as the worst form of abuse of the criminal process that was obviously undertaken for ulterior motives, not for bona fide vindication of any rights.

MP Waluke had earlier appealed the decision at the High Court but lost, resulting in his return to jail in November 2022. He later escalated the matter to the Court of Appeal, which granted him a bond of Kh10 million.

Prior to filing an appeal, Waluke served four months of his sentence at the Kamiti Maximum Prison in Nairobi.

His lawyers, Otiende Amollo and Elisha Ongoya, argued in court that the case against the lawmaker had been misinterpreted and that the severe penalty of 67 years in prison was influenced by political factors.

They held that the money in question was lawfully paid to Walukhe and co-convict Grace Wakhungu following an award after an arbitration that was confirmed by the High Court against the National Cereals and Produce Board.

Also Read: Former President Moi Grandson Jailed

MP Denies Allegations of Maize Scandal

According to the Sirisia lawmaker, the money in question was paid lawfully following an arbitral award which was confirmed by the High Court against the NCPB for breach of contract.

Waluke, his business partner, Grace Wakhungu through their company, Erad Supplies & General Contractors were supposed to supply 40,000 metric tonnes of maize to NCPB in 2004 but ended up pocketing Ksh.313 million without supplying even a single grain of maize. 

The company later moved to court and sued NCPB claiming that by the time the tender was being cancelled, it already had the maize procured from Ethiopia and that it was being stored by Chelsea Freight, a South African firm, in Djibouti.

In her ruling, High Court judge Justice Esther Maina highlighted that Waluke and his co-accused were found guilty of fraudulently acquiring public funds through forged invoices.

“The offences are serious, and the accused persons took advantage of a dire situation where Kenyans were faced with hunger and maize was required to save Kenyans from starvation. It, therefore, calls for a deterrence sentence,” said Justice Maina.

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