Saturday, October 12, 2024 – It was a sad day in the war against corruption after the Court of Appeal overturned the High Court's decision convicting Sirisia MP John Waluke to 67 years in prison over graft allegations yesterday.
In his ruling, Court of Appeal
Judge Asike Makhandia ruled that the offense of presenting false documents,
even if established, did not necessarily imply that the other offenses had also
been committed.
The good judge went ahead to
describe the High Court's decision as the worst form of abuse of the criminal
process, noting that it was undertaken for ulterior motives.
"It does appear to us that
after NCPB failed all the way to impugn the award in civil proceedings turn to
EACC to invoke criminal functions against the appellants to achieve the very
purpose it had been denied in civil proceedings going by the import of the
sentences imposed," Judge Makhandia stated.
In the end, Judge Makhandia
concluded that the MP and his co-accused had made a case that warranted the
Court to allow the appeal.
"Ultimately, we are
satisfied that the appellants have made a case that warrants us to allow their
appeal.”
“The appeal is accordingly
allowed, and the convictions and sentences imposed on the appellants are set
aside.”
“The appellants shall forthwith
be set at liberty and less otherwise lawfully held," the ruling concluded.
Waluke was sentenced to 67 years
in prison for his involvement in a fraudulent maize scandal that resulted in
the loss of Ksh 313 million from the National Cereals and Produce Board (NCPB).
Alongside his business partner, Grace Wakhungu, he was
convicted of multiple charges, including uttering false documents and perjury
related to submitting forged invoices for payment.
The Kenyan DAILY POST
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