In a 3-judge bench ruling where Justice Abida-Ali Aroni declined to append his signature on the judgement, 2 other judges Asike Makhandia and Patrick Kiage said and I quote
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“Ultimately, we are satisfied that the appellants have made a case to warrant us to allow the appeal. The appeal is accordingly allowed, and the convictions and sentences imposed on the appellants are set aside.” read the statement
Sirisia MP John Waluke in court.
The two and their firm, Erad Supplies & General Contractors, are said to have received over 314 million shillings from the National Cereals Produce Board NCPB for fake claims, in an alleged botched deal to supply some 40,000 metric tonnes to the government agency in 2004.
A three-judge bench comprising Asike Makhandia, Grace Ngenya, and Sankale Ole Kantai granted Sirisia MP John Waluke and businesswoman Grace Wakhungu 10M and 20M shillings bail, respectively, soon after they had started to serve their respective jail terms for at least four months because the lawmaker could lose his Sirisia MP position for failing to attend up to eight parliament sessions, whereas the court had granted an appeal request.
The conviction and sentencing of Sirisia Member of Parliament John Walukhe and Grace Wakhungu, which could also incorporate the late businessman Jacob Juma, who was found in a cold-blooded murder in the streets of Nairobi before the conclusion of the hearings, in the 314-million shillings NCPB scandal, had no doubt opened a can of worms and sent jitters down the spine of many high-profile individuals with corruption cases in court.
The Court of Appeal quashed the 67-year jail terms imposed on Sirisia MP and his former business partner at Erad company Grace Wakhungu. They were accused of fraudulently obtaining Sh314 million from the government agency.
However, the two judges ruling in their favour as argued by the senior counsel of the convicts, Paul Muite, claimed the duo accomplices had not received the full payment from NCPB, faulting the court for considering evidence by the two directors of Chelsea Freight (Chetty) and Thilogan Pillay which resembled word by word as well as omitting the late Jacob Juma as a director of Eradappendlies, even though he was actively engaged in the running of Erad company.
The two were jailed for about 67 years each, with an alternative of fines of more than Sh 1.4 billion, after being found guilty of fraudulently receiving money from the Cereals and Produce Board for never delivering maize.