Court of Appeal overturns High Court decision to convict MP Waluke to 67 years in prison
The Court of Appeal on Friday overturned the High Court's decision convicting Sirisia MP John Waluke to 67 years in prison over graft allegations
The Court of Appeal on Friday overturned the High Court’s decision convicting Sirisia MP John Waluke to 67 years in prison over graft allegations.
The High Court in 2022 sentenced the legislator to 67 years in prison or pay a Ksh1 billion fine after it dismissed the MP’s appeal challenging the decision.
Waluke was sentenced to prison alongside his accomplice, a co-director of a popular agency for allegedly engaging in graft where the suspects were accused of swindling Ksh313 million from the National Cereals and Produce Board (NCPB).
Justice Esther Maina in her ruling dismissed the appeal contesting a lower court’s ruling that had ordered him to be freed awaiting the hearing and determination of the matter.
In the October 1, 2022 ruling, the court noted that the prosecution presented adequate evidence to convict the accused persons.
In her judgement, Justice Maina stated that the ruling would serve as an example for state officers betraying oath of office by engaging in corruption and pursuing selfish personal interests at the expense of Kenyans.
“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.
The High Court ruling prompted the MP to move to the Court of Appeal to challenge the High Court’s decision.
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In his petition at the Court of Appeal, the Sirisia MP called on the court to quash his conviction, claiming that he acquired the Ksh313 million lawfully.
Waluke’s lawyers, Otiende Amollo and Elisha Ongoya while defending the MP at the Court of Appeal, argued that the MP’s woes were politically instigated and termed the 67-year imprisonment a harsh penalty for such a case.
“Our client remains innocent and we pray that this honourable court will review this matter and set the record straight,” Waluke’s lawyers told the court.
Upon his release, Waluke went ahead to demand the Ksh313 million frozen by the government back even as he accused the State of a witchhunt.
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