By William Koome
The High Court has upheld a judgment by a lower court that slapped Sirisia MP John Waluke 67 years in prison over the Sh297 million maize scandal.
The lawmaker had alongside his business associate Grace Wakhungu who was earlier jailed for 69 years appealed their conviction and sentencing for defrauding a State corporation.
Justice Esther Maina dismissed the appeal saying the trial court proved the criminal charges beyond reasonable doubt and that the earlier preferred jail terms were okay and within the law.
“This court has come to conclusion that the appeals have no merit,” she ruled.
The two faced five charges including uttering false invoices and irregular acquisition of public property offences committed between 2009 and 2013.
Fraudulently paid
The court found that payment of the monies to the convicts’ trading company Erad Supplies and General Contractors Limited by the National Cereal and Produce Board in 2013 was fraudulent.
“The invoice used to claim for payment was a forgery,” the Judge said.
The Sh297 million was for supply of 40,000 metric tonnes of maize in 2004, a time when there was maize scarcity in the country and the State had instructed the NCPB to import maize.
Erad won the tender after the board advertised for supply of 180, 000 metric tonnes of maize but was not issued with a letter of credit different from four other firms that had also won the tender.
According to court documents, the company did not supply the maize despite submitting its tender documents.
In their appeal, the pair insisted that the payment was legitimate and that Erad had been properly contracted by the State to supply maize but NCPB failed to provide letters of credit against the contract.
But the court directed the appellants to pay their fines of Sh727 million and Sh707 million for Mr Waluke and Ms Wakhungu respectively or serve the jail sentences.
The convicts are now left with the option of appealing at the Court of Appeal and apex court should the former uphold the High Court’s decision.
