Sirisia MP John Waluke has been granted a major legal victory after the Appellate Court overturned his 67-year prison sentence related to a graft case involving the National Cereals and Produce Board (NCPB).
The case, which dates back to 2004, involved a scandal in which Waluke and his business partner, Grace Wakhungu, were accused of defrauding the NCPB of KSh 313 million.
Their company, Erad Supplies & General Contractors, allegedly made false claims to the NCPB for the delivery of maize that was never supplied.
This fraudulent claim resulted in the NCPB paying out hundreds of millions to the company.
The Anti-Corruption Court had sentenced Waluke to 67 years in prison, alongside a fine of over KSh 1 billion.
Wakhungu, on the other hand, faced 69 years in prison and a similar fine.
This ruling came as part of the Kenyan judiciary’s broader efforts to tackle corruption, especially in high-profile cases involving public officials.
However, both Waluke and Wakhungu had appealed the ruling, maintaining that the payments made to their company were a result of an arbitration process rather than a criminal act.
The origins of the case lie in a contract between Erad Supplies and the NCPB to supply 40,000 metric tonnes of maize during a food crisis in 2004.
The contract fell through when the company failed to deliver the maize.
Despite this, Erad Supplies claimed storage fees for the undelivered maize, which led to the arbitration process.
The arbitration awarded the company KSh 313 million, an amount the NCPB paid, believing it was obligated to do so under the court’s ruling.
However, investigations later revealed that the invoice submitted by Erad Supplies was fraudulent, leading to the corruption charges against Waluke and Wakhungu.
In the appeal, Waluke’s defense argued that the payment was based on a legitimate arbitration ruling, and thus, there was no criminal culpability.
They claimed that the dispute was purely civil and commercial in nature, rather than a criminal matter.
The defense also pointed out inconsistencies in the prosecution’s case, particularly regarding the alleged fraud in the arbitration process.
The Appellate Court’s ruling to overturn the prison sentence and fines has been a significant relief for Waluke, who had been out on bail pending the appeal.
The decision comes after several years of legal battles, during which the MP has maintained his innocence.
This legal victory not only spares him from the lengthy prison term but also allows him to continue serving in public office, as a conviction would have disqualified him from holding any public position.
However, the case has sparked broader discussions about corruption in Kenya, particularly in the procurement and handling of public funds.
The NCPB scandal highlighted the challenges that government agencies face in ensuring accountability and transparency, especially when dealing with private contractors.
Critics have pointed to the case as an example of the need for stronger oversight in public procurement processes and more rigorous measures to prevent fraud and corruption.
Even as Waluke continues to serve as the MP for Sirisia, his case serves as a reminder of the complexities involved in corruption cases and the ongoing struggle to combat graft in Kenya.
While the court’s decision offers him a reprieve, the public will be watching closely to see how this case impacts future corruption trials and the broader fight against corruption in the country.
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