The High Court has confirmed the 67-year jail term imposed on Sirisia MP John Waluke over the Sh313 million NCPB case. Justice Maina said the sentences were not excessive and were within law.
“After carefully considering evidence, this court came to the conclusion that the appeals have no merit. The criminal charges were proved beyond reasonable doubt,” said the judge on Thursday while dismissing the appeal.
The charges against Waluke and Wakhungu before trial Magistrate Elizabeth Juma were proved beyond reasonable doubt.
“The sentences were not excessive. They are within the law. Conviction and sentences affirmed,” the judge said.
Justice Esther Maina said Mr. John Waluke and Ms. Grace Wakhungu will have to pay the fines or serve the sentences. Ms. Grace Wakhungu was sentenced to 69 years in prison.
The two have been out on bail after they were released on Sh.10 million and Sh.20 million cash bail respectively in September 2020 after spending three months in jail.
On June 22, 2020, they were imprisoned by the Anti-Corruption Court after they were found guilty of fraud and illegal acquisition of Sh.297 million through shady deals at the National Cereals and Produce Board (NCPB).
“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 dealing with the maker of the invoice (Chelsea Freight Ltd) and as a result it was paid the sums by a public body,” said Justice Maina.
Mr. John Waluke must pay a fine of Sh.727,725,562 and Ms. Judith Wakhungu Sh.707,725,562 over the offence which is set to walk to freedom. They will have to serve the lengthy jail terms if they fail to pay the fines, and in the absence of a successful appeal.
The two are however, allowed to appeal the sentence within 14 days.
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