Kenyan MP is facing 57 years’ jail term or pay KSH 1 billion to government over fraud case

The legislator has the option of appealing the High court ruling at the Court of Appeal in 14 days if he unsatisfied with the High Court verdict.

NAIROBI, Kenya - Former Kenya military General Major John Waluke and the current Member of Parliament for Sirisia Constituency in Western Kenya has been ordered to pay Sh1 billion fine or serve 57 years in jail for fraud.

Waluke, who had appealed against a magistrate’s court ruling that slapped him with the heavy sentences, lost the appeal before the High Court in Nairobi on Thursday.

In 2020 Major Waluke and his co-accused Grace Wakhungu were found guilty of defrauding the National Cereals and Produce Board (NCPB) KSH 313 million.

Justice Esther Maina while making the ruling on Thursday said that the prosecution proved beyond any reasonable doubt that Waluke took part in the NCPB fraud decades ago.

“After carefully considering the evidence adduced and the submissions made, this court comes to the conclusion that the appeals have no merit .The judge said the two partners have to pay the hefty fines or serve the sentences imposed by chief magistrate Elizabeth Juma.”says Justice Maina.

Waluke who won his re-election bid on a Jubilee Party ticket, garnering etting 16,461 votes against  Ford-Kenya candidate Nasiuma Wafula’s 8,811 votes his main political rivalry.

However, the legislator has the option of appealing the High court ruling at the Court of Appeal in 14 days if he unsatisfied with the High Court verdict.

But if Waluke fails to appeal against the decision, then he will lose his parliamentary seat because the law stipulates that any member of parliament who have been jailed for more than six months automatically losses his seat.

The court found that the  two and their firm, Erad Supplies & General Contractors, received over KSH 313 million from state agency for fake claims, in an alleged botched deal to supply some 40,000 metric tonnes to the government in 2004.

Mr Muite said after failing to set aside the judgment, NCPB commenced parallel proceedings before the EACC alleging the invoice, upon which the claim for storage costs were made was forged. 

He further said Erad Supplies referred the case to arbitration seeking general and special damages for breach of contract. During the hearing of arbitration, an invoice of US $ 1,146,000 was produced as an exhibit, to prove special damages plus interest.

The court heard that there were material inconsistencies that undermined the prosecution’s case and maintained that the business transaction was purely a commercial and the claims were civil in nature, hence there was no criminal culpability.

GAROWE ONLINE