MP John Waluke To Be Moved To Prison

UPDATE Friday, October 7: Sirisia Member of Parliament John Waluke has surrendered himself to the police as he is set to begin his 67-year jail term. He awaits a transfer to prison.

The High Court upheld the jail term after he was found guilty of abusing funds in the National Cereals and Produce Board (NCPB) scandal. He was ordered to pay Ksh1 billion or serve the jail term.

Sirisia Member of Parliament John Waluke risks losing his seat after the court ordered him to pay Ksh1 billion or serve his 67-year sentence in prison.

High Court Judge Esther Maina on Thursday, October 6 dismissed his appeal whereby he contested a ruling where he was sentenced over a Ksh313 million corruption case involving the National Cereals and Produce Board (NCPB).

She noted that the charges against him and his co-accused Grace Wakhungu before Chief Magistrate Elizabeth Juma proved beyond a reasonable doubt.

Sirisia MP John Waluke and his co-accused, Grace Wakhungu. /CITIZEN DIGITAL

"The sentences were not excessive. They are within the law. Conviction and sentences affirmed," she ruled.

Initially, Chief Magistrate Elizabeth Juma sentenced Waluke to 67 years and his co-accused Grace Wakhungu to 69 years after they were found guilty of fraud practices.

They are the last surviving directors of Erad Supplies and General Contractors - a company which was put on the spot over a shady deal involving the supply of white maize to NCPB, leading to a loss of Ksh297 million within the parastatal.

The company was also accused of acquiring property worth Ksh13.3 million through fraudulent means.

Both Waluke and Wakhungu were allowed the option of paying fines in excess of Ksh1 billion each or serve their respective sentences.

Should the MP fail to pay the fine and fail to appeal against the decision, he will lose his seat and a by-election, as a result, will be held to replace him.

Article 99 (2) (g) of the Constitution states that a lawmaker is vulnerable to losing the seat if he or she is subjected to imprisonment of at least six months. This however applies if the MP in question has exhausted all forms of the possibility of appeal or review of the respective sentence.

The MP, who was out on appeal, secured re-election in the August 9, 2022, Sirisia parliamentary polls on a Jubilee Party ticket. He garnered 16,461 votes against FORD-Kenya candidate Nasiuma Wafula’s 8,811 votes.

Waluke can challenge the High Court's verdict at the Court of Appeal within a period of 14 days.

An image of the Court of Appeal buildings. /FILE