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Court of Appeal overturns High Court decision convicting MP John Waluke to 67 years in prison

by Daily Trends
written by Daily Trends

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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Politics

Sirisia MP John Waluke Speaks On Claims Of Not Defending His Seat Over Graft Case

by Pauline Waswa
written by Pauline Waswa

Sirisia member of parliament John Waluke has rubbished the claims that he won’t be able to defend his seat following the ongoing case of him defrauding the National Cereals and Produce Board (NCPB) saying that he is fully on the race and his competitors should not celebrate.

Speaking at a funeral in Lwandanyi ward, Waluke told his competitors to brace themselves for a tough fight saying that there is nothing that can hinder him from vying for he has been cleared to run for the parliamentary seat.

“I am aware that people are waiting for me to be jailed so that they can come forward to fight for my seat, am here to disappoint you because I will run the race,” he said.

This comes after the case of him and his business partner Grace Wakhungu was scheduled for May after the first hearing of an appeal happening on 15th of February 2022.Waluke and Grace are alleged to have acquired Ksh 313 million from the National Cereals Produce Board through fraud.

He went further to ask the people of Sirisia to vote him in for another term saying that he is the one fit to run the constituency and asked the people to ignore the propaganda from his competitors.

He went ahead to campaign for the United Democratic Alliance (UDA) saying that he is certain that it is going to form the next government saying that Raila is not fit to rule the country.

“We as members of UDA, we know that we are going to form the next government. Raila doesn’t have the capacity to run this country and that is why am asking you people to come together and support William Samoei Ruto,” he said

He assured the residents that if elected again he will use the opportunity to continue changing the outlook of Sirisia.

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Politics

Ruto Allies Break Silence On Alleged Harassment of Bungoma UDA Aspirants By Ford Kenya

by Pauline Waswa
written by Pauline Waswa

Bungoma County Members of Parliament allied to Deputy President William Ruto’s United Democratic Alliance (UDA) have addressed claims that there is a division in the party following a deal with Amani National Congress (ANC) and Ford Kenya parties.

ANC leader Musalia Mudavadi during his party’s NDC at Bomas of Kenya last week agreed to work together with DP Ruto’s UDA and Bungoma Senator Moses Wetang’ula’s Ford Kenya ahead of the August polls.

Sirisia MP John Waluke who doubles up as UDA chairman in Bungoma County on Monday January 31, 2022 called out the UDA aspirants to stop speculations that there is an ongoing zoning in the party.

Earlier on, UDA aspirants in the county had complained that they are being harassed by the Bungoma Senator’s party.

They had appealed to DP Ruto to intervene and stop Ford Kenya from harassing them.

But speaking to the press in Bungoma town, Waluke said that Ford Kenya and ANC coming together to work with UDA should be celebrated since it is one way of uniting the Luhya nation and it means well for the people all over the country.

His sentiments were echoed by his Webuye West counterpart Dan Wanyama who said that the One Kenya Alliance (OKA) is an initiative that has looked at all odds and found that the only way to take this country to the next level is by first thinking about the common Mwananchi who is suffering day in day out, and that is the only reason that has brought the three parties together and not to divide as per the ongoing speculations.

Professor Charles Kibanani Ngome, the deputy governor of Bungoma County and also the senatorial aspirant said that he is certain that UDA under the deputy president William Ruto will form the next government and so people should invest in actualizing that instead of causing drifts in the party.

He went further to note that for someone to win a war, allies are needed and so he appreciates the fact that Wetangula decided to team up with UDA and all aspirants from Ford Kenya and UDA should soldier on and brace themselves for a friendly fire. 

This comes as UDA clarified that it has no coalition agreement with Mudavadi’s ANC and Wetangula’s Ford Kenya, dismissing reports of a power-sharing deal.

UDA National Chairman Johnson Muthama on Monday said there is no signed agreement between the political parties and that they are currently operating on the basis of friendship.

Addressing a press conference at his Red Office in Gigiri on Monday, the former Machakos senator told supporters to disregard media reports of a deal in the nascent Kenya Kwanza coalition.

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Politics

Bungoma Businessman Joins UDA, Vows To Give Wangamati A Run For His Money In Race For County’s Top Seat

by Pauline Waswa
written by Pauline Waswa

Bungoma based businessman cum activist Zachariah Barasa on Monday January 10, 2022 announced that he had joined Deputy President William Ruto’s UDA camp.

The activist will be seeking to unseat the incumbent Bungoma governor Wycliffe Wangamati in the August polls in a UDA ticket.

Flanked by Sirisia member of parliament John Waluke, his Webuye West counterpart Dan Wanyama and Mwambu Mabonga of Bumula at Bungoma Members club, Zachariah expressed his confidence in unseating Wangamati.

The DP Ruto’s lieutenants said that they were ready for the task ahead.

Zachariah criticised Wangamati, noting that Bungoma has not benefited from anything since devolution and now it is time for change and it is only through UDA.

Bungoma Governor Wycliffe Wangamati. Photo/FILES

“I have done a lot of consultations before coming to this decision. I have been engaging with the ordinary people of this county and they have advised me to vie on a UDA ticket because the manifesto of the party come in handy with my aspirations for the people of Bungoma,” he said.

Zachariah said that he was positive and confident about UDA, noting that it is the party that’s going to form the next government.

His sentiments were echoed by Waluke who said that Bungoma needs change for those who have been in positions that have not done anything major for the county.

Also present was Bungoma deputy governor Professor Charles Ngome who is also aspiring for the Bungoma senatorial seat which is currently held by the incumbent Moses Wetang’ula .

Ngome vowed to ditch his boss the governor and support any gubernatorial aspirant vying on the United Democratic Alliance [UDA] ticket.

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Sirisia MP John Waluke
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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Sirisia MP John Waluke
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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Sirisia MP John Waluke
Crime & Investigations

Waluke’s Wife Begs Public to Help Her Raise Ksh 727m to Save Husband From Prison

by Mustafa Juma
written by Mustafa Juma

Sirisia MP John Waluke’s wife Roselyn Waluke is now pleading for financial assistance from the public to raise the huge fine imposed by the court to keep the lawmaker from prison.

Waluke’s wife on Sunday June 28, 2020 urged well-wishers to channel their donations on phone even as the family races to get an M-Pesa Paybill number.

“You are aware of our problem and I thank those who have stood with us during this challenging time and kindly continue praying for us. We are requesting for your financial assistance. Kindly channel your financial support to my number 0728732542 as we wait for an M-Pesa Paybill number,” said the MP’s wife.

Waluke is in prison following his sentencing on Thursday, June 25, when the Anti-Corruption Court in Nairobi fined him Sh727 million for the five counts he was convicted of in the Sh297 million National Cereals and Produce Board (NCPB) maize tender scandal.

Waluke was sentenced alongside his co-accused Grace Wakhungu by Chief Magistrate Elizabeth Juma who said that the offenses they committed were serious.

Waluke and his co-accused Grace Wakhungu will pay a combined fine of about Sh2 billion or serve 39 years in prison after they were found guilty of defrauding a State agency. The sentences will run consecutively.

They were whisked to prison to begin their jail term Thursday evening after the court declined to suspend their sentence.

Sentencing the two, Chief Magistrate Elizabeth Juma said the offence they committed was serious. She added that the two and their company took advantage of a dire situation, as Kenya faced a drought, to defraud the National Cereals and Produce Board.

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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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Crime & Investigations

Ruto Ally Found Guilty in Ksh 297M Scandal, Remanded Pending Sentencing

by Mustafa Juma
written by Mustafa Juma

A key Deputy President William Ruto ally from Western Kenya has been found guilty in a Sh 297 million fraud case.

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 is 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. 

However, the magistrate deferred the judgment to today (June 22) and ordered that the accused stay in custody until that time after her arrest.

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Politics

Another Ruto allied MP living in fear of being arrested

by Mustafa Juma
written by Mustafa Juma

Members of Parliament allied to Deputy President Dr William Ruto have been expressing fear of being arrested. On Tuesday July 23, 2019, Sirisia constituency MP John Waluke had to publicly offer an apology to ODM leader Raila Odinga, Jubilee Party Secretary General Raphael Tuju and the entire Luo community over an ethnic slur he issued last week.

His apology came after Waluke had been summoned to appear before National Cohesion and Integration Commission (NCIC) amid calls to have him arrested.

Kiharu MP, Ndindi Nyoro who is also allied to DP Ruto has now divulged that he would be arrested over the management of the National Government Constituency Development Fund (NG-CDF) where he had previously worked as Chairman.

NG-CDF is a body corporate falling under the Ministry of Devolution and Planning. The body ensures that budgetary provisions and offers policy direction to the fund.

Speaking to Daily Nation, Nyoro cited that the order for his arrest had been prompted by his support for the DP and constantly questioning the Interior PS, Karanja Kibicho.

“The idea to arrest me has been hatched after my questioning the interior PS on several issues that were raised by the Auditor-General.

“We won’t take some issues lying down; those thinking they will threaten and silence us will be in for a rude shock,” he told the publication.

Earlier this month, another Ruto allied MP, Kimani Ichungwa, stated that he had also received death threats for supporting DP Ruto.

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Politics

Fear of arrest? Murathe’s ‘successor’ in Jubilee offers a public apology to Raila, Tuju

by Mustafa Juma
written by Mustafa Juma

Last week, a video widely circulated on social media that appeared to show the outspoken Sirisia MP John Walukhe , a close ally of Deputy President William Ruto attacking Jubilee Party Secretary General Raphael Tuju and his ethnic community, Luo.

The clip attracted the attention of the National Cohesion and Integration Commission which has hence summoned Waluke for grilling on Thursday.

Commission secretary Hassan Mohamed told the media that the legislator violated section 62 of the NCIC Act.

But the outspoken MP has now come out publicly to offer an apology to Tuju, ODM leader Raila Odinga and the entire Luo Community.

Speaking to the press at Parliament buildings, Waluke said that his ethic slur came as result of the sleep of the tongue.

He also disclosed that he is the current acting Jubilee Party Vice chairman after taking over from Dvid Murathe who resigned.

Below is the full video of Waluke’s apology.

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