The Court of Appeal has overturned the 67-year prison sentence of Sirisia MP John Waluke and his co-accused, Grace Wakhungu, in a ruling that has generated considerable legal debate. The appeal was successful due to what Justice Patrick Kiage identified as flaws in the High Court’s initial judgment, particularly its failure to adequately assess the evidence presented against the two.
In his ruling, Justice Kiage noted that the evidence presented had not been thoroughly examined, specifically in distinguishing between lawful funds and those allegedly tied to corrupt practices. He stated, “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.”
Waluke and Wakhungu were originally sentenced in 2020 for their involvement in a Sh300 million maize fraud scandal at the National Cereals and Produce Board (NCPB). In that case, Justice Esther Maina upheld the decision of the Magistrate’s court, noting that the two had defrauded the government of Sh297 million through a bogus maize supply deal. She also emphasized that the sentences handed down were fair given the gravity of the offense.
While the initial court gave Waluke and Wakhungu the option of paying a combined fine of Sh2 billion, the duo chose to appeal, ultimately leading to the appellate court’s recent decision to quash their convictions.
