Court of Appeal has overturned High Court decision convicting Sirisia Member of Parliament (MP) John Waluke to 67 years in prison, or pay a Ksh1 billion fine over maize importation scandal.
Waluke’s co-accused Grace Wakhungu has also been acquitted.
John Waluke on his sentence
Waluke put up a spirited fight for his freedom when he moved to the Court of Appeal, telling appellate judges that he was wrongfully convicted in the Ksh313 million NCPB scandal in 2014.
Waluke was found guilty of fraud and illegal acquisition of Ksh313 million through shady deals at the National Cereals and Produce Board and sentenced to 67 years in jail on June 22, 2020, by the Anti-Corruption Court.
He was handed an alternative fine of Ksh1 billion.
The MP however appealed that decision at the High Court but lost and was sent back to jail in November 2022.
He then moved to the Court of Appeal which granted him a bond of Ksh10 million.
Waluke had urged the Court of Appeal judges Asike Makhandia, Sankale Ole Kantai and Grace Ngenye to quash his jailing arguing that the Ksh313 million that formed the basis of his conviction was lawfully paid out to him.
His lawyers Otiende Amolo and Elisha Ongoya told the court that the lawmaker’s case was misunderstood and the harsh penalty of 67 years behind bars imposed on him after political influence.
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.
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