Convicted Sirisia MP John Waluke has been released on bond.
The High Court on Wednesday July 22, 2020 released the lawmaker on bond pending his bail application hearing on August 7.
While issuing the directive Justice John Onyiego asked the Director of Public Prosecutions (DPP) Noordin Haji to file a response and gave each party three days to avail and exchange documents before the hearing date.
However, the judge declined to release his co-accused Grace Wakhungu on medical grounds, pending the hearing of her bail application.
Justice Onyiego directed that she presents her case on August 7 during the hearing of the bail application.
In the petition, Waluke, through his lawyers Cliff Ombeta, Evans Ondieki, Danstan Omari and Sam Nyaberi argued that the trial magistrate, Elizabeth Juma erred in law and fact by convicting him on the basis of a defective charge sheet.
The defence lawyers argued that the trial court misdirected itself as to the applicable law based on the set of facts adduced by the Prosecution to the prejudice of the MP and his co-accused.
They said that the Subordinate Court failed to appreciate that critical witnesses were never called to testify in the case.
They accused the trial court of failing to exercise independence and impartiality because the prosecution’s case was full of contradictions and inconsistencies.
He said that the Subordinate Court applied double standards since the money to pay the supplier was not sufficient and two other firms failed to service the contract.
The defence lawyers also said that the court failed to appreciate that there were material contradictions and inconsistencies between the witnesses that ought to have been resolved in favour of the appellants.
Waluke and co-accused Grace Wakhungu were fined Sh2.1 billion fine for defrauding the National Cereals and Produce Board of Sh313 million.
Wakhungu was sentenced to 69 years in jail with an option of Sh1.1 billion fine alongside her co-director Waluke, who was jailed for 67 years or a fine of Sh1 billion
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