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Crime & Investigations

Waluke Not Yet Off The Hook as DPP Moves to Court of Appeal to Fight His Release

by Jacinta Mbithi
written by Jacinta Mbithi

Sirisia Member of Parliament John Waluke and his co-accused Grace Wakhungu are not yet off the hook after Justice John Onyiego of the High Court on September 30 released them on cash bail.

Justice Onyiego granted Waluke and Wakhungu Sh10 million and Sh20 million bail  respectively, pending hearing and determination of their appeal.

The judge also gave them an alternative of depositing bonds of Sh20 million and Sh30 million respectively with sureties.

However, the Director of Public Prosecutions (DPP)  has moved to the Court of Appeal to challenge the release of the two on bond.

The DPP has filed a notice of appeal indicating that he is dissatisfied with the decision made by Justice John Onyiego on September 30.

“Take notice that the DPP, being dissatisfied with the decision of the High Court intends to appeal to the Court of Appeal against the decision in which the court released each of the appellants on bail pending their appeal,” reads the notice.

The notice was also served to the lawyers of the two convicts.

The two, who are also directors of Erad Supplies Ltd, were convicted in June by the Anti-Corruption Court for theft of Sh297 million from the National Cereals and Produce Board (NCPB).

The trial court also imposed a combined fine of Sh2 billion. In default, Wakhungu was handed a 39-year sentence while waluke was slapped with a 34-year sentence.

But they challenged their conviction and sentence and sought to be released on bail pending the determination of appeal.

While allowing their request, Justice Onyiego said he was persuaded that the two convicts have an arguable appeal against the lower court’s judgment.

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Crime & Investigations

Sirisia MP John Waluke Released on Bond

by Mustafa Juma
written by Mustafa Juma

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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Crime & Investigations

Waluke Has Been Jailed for Enjoying The Benefit of a Lawful Court Order

by Mustafa Juma
written by Mustafa Juma

Former kakamega senator Boni Khalwale has claimed that Sirisia Member of Parliament John Waluke has been jailed for enjoying the benefits of a lawful court order.

Taking to his official twitter account a day after the sentencing of the lawmaker and his co-accused, Khalwale argued that the arbitration court ordered the National Cereals and Produce Board (NCPB) to pay Waluke the Sh 297 million for breach of contract for supply of maize.

Khalwale further argues that the NCPB unsuccessfully challenged the order in both the High and Appeal Courts.

“Arbitratuon Court ordered NCPB to pay Hon Waluke Sh 297 million for breach of contract for supply of maize.NCPB unsuccessfully challenged this in both the High & Appeal Courts. Waluke has been jailed for enjoying the benefit of a lawful court order! System Ya Majambazi,” he tweeted.

Law Society of Kenya President Nelson Havi has also faulted the historic graft ruling in the case involving the Sirisia MP and his co-accused Grace Wakhungu.

Taking to his official twitter account on Friday morning, Havi termed Waluke and Wakhungu’s conviction as fraudulent.

According to Havi, Waluke and Grace Wakhungu contracted with the National Cereals and Produce Board (NCPB). In this case, Havi says, NCBP breached the contract.

He says the arbitrator ordered the payment and the award was enforced by the High Court. While justifying that the accused people committed no crime, Havi noted that NCPB lost before High Court and Court of Appeal and paid the decree.

“John Waluke and Grace Wakhungu contracted with NCPB. NCBP breached the contract. Arbitrator ordered payment. Award was enforced by High Court. NCPB lost before High Court and Court of Appeal and paid the decree. How can that be a crime? Do not celebrate fraudulent convictions,” he tweeted.

Waluke and his co-accused will pay a fine of close to Sh2 billion or serve at least 39 years in prison after they were found guilty of defrauding the state agency.

While sentencing the two, Chief Magistrate Elizabeth Juma said the offences they committed were serious. She added that the two and their company took advantage of a dire situation in the country, as Kenya faced a drought, to defraud the NCPB.

The magistrate said there were aspects in the Anti-Corruption and Economic Crimes Act (ACECA) that are mandatory and the court had no option but to pass sentence as prescribed in the law.

But where the court has discretion, Ms Juma said she would exercise it judiciously. On the first count of uttering a false document, the court directed Ms Wakhungu to pay a fine of Sh100,000 or serve one year in prison.

Grace Wakhungu and MP John Waluke in Court on Thursday June 25, 2020. PHOTO/COURTESY

She was further directed to pay another fine of Sh100m for purgery or serve another year in jail. 

Both the convicts and the company were directed to pay a fine of Sh626 million each or serve seven year in jail for receiving fraudulent payment from NCPB.

Waluke will pay Sh726 million for his sins. He will also shoulder Sh313 million, which is half the amount the court fined Erad Supplies & General Contractors Ltd. Waluke and and his accomplice Grace Wakhungu were co-directors of Erad.He, however, has a right of appeal.

The court also paved way for the NCPB to go after the two convicts’ assets to recoup Sh297 million that it lost.

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Crime & Investigations

LSK President Terms MP Waluke’s Conviction as Fraudulent

by Mustafa Juma
written by Mustafa Juma

Law Society of Kenya President Nelson Havi has faulted the historic graft ruling in the case involving Sirisia MP John Waluke and his co-accused Grace Wakhungu.

Taking to his official twitter account on Friday morning, Havi termed Waluke and Wakhungu’s conviction as fraudulent.

According to Havi, Waluke and Grace Wakhungu contracted with the National Cereals and Produce Board (NCPB). In this case, Havi says, NCBP breached the contract.

He says the arbitrator ordered the payment and the award was enforced by the High Court. While justifying that the accused people committed no crime, Havi noted that NCPB lost before High Court and Court of Appeal and paid the decree.

“John Waluke and Grace Wakhungu contracted with NCPB. NCBP breached the contract. Arbitrator ordered payment. Award was enforced by High Court. NCPB lost before High Court and Court of Appeal and paid the decree. How can that be a crime? Do not celebrate fraudulent convictions,” he tweeted.

Waluke and his co-accused will pay a fine of close to Sh2 billion or serve at least 39 years in prison after they were found guilty of defrauding the state agency.

While sentencing the two, Chief Magistrate Elizabeth Juma said the offences they committed were serious. She added that the two and their company took advantage of a dire situation in the country, as Kenya faced a drought, to defraud the NCPB.

The magistrate said there were aspects in the Anti-Corruption and Economic Crimes Act (ACECA) that are mandatory and the court had no option but to pass sentence as prescribed in the law.

But where the court has discretion, Ms Juma said she would exercise it judiciously.  On the first count of uttering a false document, the court directed Ms Wakhungu to pay a fine of Sh100,000 or serve one year in prison. She was further directed to pay another fine of Sh100m for purgery or serve another year in jail. 

Grace Wakhungu and MP John Waluke in Court on June 25, 2020. PHOTO/COURTESY

Both the convicts and the company were directed to pay a fine of Sh626 million each or serve seven year in jail for receiving fraudulent payment from NCPB.

Waluke will pay Sh726 million for his sins. He will also shoulder Sh313 million, which is half the amount the court fined Erad Supplies & General Contractors Ltd. Waluke and and his accomplice Grace Wakhungu were co-directors of Erad.He, however, has a right of appeal.

The court also paved way for the NCPB to go after the two convicts’ assets to recoup Sh297 million that it lost.

Efforts by Waluke and Wakhungu to have the sentence suspended were thwarted by the court, which stated that it had concluded its work on the matter and any issue on its judgement could only be handled at the High Court on appeal.

The trial court said the bond terms the two have been enjoying had already been exhausted and ordered for the release of security that was used to secure their temporary release as the hearing was going on. Waluke has been out on a Sh3 million surety bond.

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Crime & Investigations

Forgive ‘Vulnerable’ Waluke Because he Saved Moi in 1982 Coup, Lawyer Pleads With The Court

by Mustafa Juma
written by Mustafa Juma

Lawyers representing Sirisia MP John Waluke in his sentence hearing have urged the Court to be sympathetic while sentencing the lawmaker.

Dunstan Omari, one of the lawyers representing Waluke has pleaded with the Chief Magistrate to be lenient with the former KDF soldiers, saying that he is not only a vulnerable person because of coronavirus but that he also saved the late president Daniel arap Moi in the 1982 coup.

Waluke, his lawyer said, was a career civil servant who had an impressive track record in the military where he rose from a corporal to a major in 1996, a testimony that he is a good person.

After his military career, he engaged in consultancy and road construction services in Western Kenya. He holds a degree from Mount Kenya University and a Masters from Kibabii University.

Waluke is being represented by advocates Evans Ondieki, Samson Nyamberi, Cliff Ombeta and Dunstan Omari while his co-accused Grace Wakhungu has Duncan Okubasu in her corner.

Waluke’s lawyers begged the court not to be swayed by the Sh297 million but at the amount that was in his possession.

The Sirisia MP John Waluke was on Monday June 22, 2020 found guilty by a Nairobi court, and was remanded pending his sentencing on Thursday June 25, 2020.

Waluke has been so vocal in spreading DP Ruto’s 2022 political gospel. In January 2019, the High Court declined to stop the prosecution of Waluke.

Waluke was charged with several counts of fraud alongside businessman Grace Wakhungu over a contract his company, Erad Supplies and General Contracts Ltd, won to supply 40,000 tonnes of maize in 2004.

The lawmaker and his co-accused had last filed an application seeking to block the case against them.

High Court judge Hedwig O’ngudi, however, declined to issue the orders noting that the application had not been made in a timely manner.

Last week, magistrate’s court in Nairobi extended bond terms Waluke but issued an arrest warrant for his co-accused.

The trial magistrate Elizabeth Osoro issued the arrest warrant after Grace Sarapay Wakhungu failed to turn up for the judgment.

At the same time the magistrate allowed the investigating officer in the case to verify a medical document presented before court by Wakhungu’s lawyer after a State prosecutor disputed its authenticity. 

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