Friday, October 11, 2024 - The Court of Appeal sitting in Nairobi has overturned a High Court decision that sentenced Sirisia Member of Parliament John Waluke to 67 years in prison.
In a ruling delivered on Friday,
October 11, 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.
"It is also quite apparent
that the offense of uttering false documents, even if had been proved, did not
automatically mean that the remaining offenses had been committed as the
learned judge concluded," the Judge said.
Judge Makhandia 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.
Waluke was sentenced to 67 years
in prison for his involvement in a fraudulent maize scandal that resulted in
the loss of Sh 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 forged invoices submitted for payment.
The High Court upheld the
initial ruling, stating that the evidence against Waluke was compelling and
that the sentences were justified under the law.
The Kenyan DAILY POST
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