NAIROBI, Kenya July 9 – Sirisia MP John Waluke, who was sentenced to 67 years for corruption, has now filed an urgent application seeking bond pending the hearing of the appeal of his case.
The MP through his lawyer Samson Nyaberi, said the appeal may take time to be heard and determined and in the process he may suffer prejudice.
His lawyer submits that they are yet to be supplied with proceedings to enable him to pursue the appeal.The proceedings are over 3,000 handwritten pages which will take time to be typed before they are supplied to them, according to court officials.
Waluke was sentenced last month alongside Grace Wakhungu who was handed 69 years.
Both were found guilty of receiving Sh300 million in fictitious claims for the storage of non existent maize. They were paid the money by the National Cereals and Produce Board in 2009.
The two and the company were found guilty of various offences, each carrying sentences of between one to seven years, with varied fines all totalling to Sh707,725,562 for Wakhungu and Sh727,725,562 for Weluke as shown on the table below.
The sentence was read out to them by Chief Magistrate Eizabeth Juma.
The sentence followed a conviction after the prosecution proved the two irregularly received Sh300 million from the National Cereals and Produce Board in 2004.
Both are listed as directors of Erad General Suppliers, the firm that received the payment.
Court documents indicated the payment was for the supply of white maize.
In demanding the payment, the two claimed that they incurred losses after a tender to supply 40,000 metric tones was canceled, and even presented forged invoices after an arbitration.
In seeking a stiffer penalty, the prosecution said “A case serves its purpose when the fruits of the judgment are realized. Every person should be accountable to their actions. Given the amounts involved, the sentence given should act as a deterrence [to corruption].
In her verdict, the Magistrate ruled that there was evidence to show the accused persons forged an invoice to demand payment for money charged as storage fees for the maize.
The maize consignment was said to have been imported from Ethiopia.
