- The Court of Appeal has overturned the decision of the High Court, which jailed Sirisia MP John Waluke and Grace Wakhungu for 67 years.
- The two were involved in a multi-million shilling scam in the National Cereals and Crops Board (NCPB)
- Three judges led by Judge Patrick Kiage found that the court did not adequately analyze the evidence of the prosecution
Nairobi—Sirisia Member of Parliament John Waluke and his mother, former minister Judy Wakhungu, have been acquitted by the Court of Appeal, which overturned their prison sentences and fines after they were found guilty in a corruption case.
Waluke and Grace Wakhungu were ordered to pay a fine of KSh 1 billion or serve 65 years in prison after being found guilty in a case of fraud of KSh 297 million in the Cereals and Crops Board (NCPB).
Appeal court judges Patrick Kiage, Abida Ali Aroni, and Asike Makhandia found that the first court did not properly analyze the evidence of the prosecution.
“We fully agree with this explanation of the law on the matter. The defendants complained that the appellate court did not conduct a new analysis, did not reconsider, and did not review the evidence presented in the first court as required by law,” they said.
Elisha Ongoya, Duncan Okubasu, and Paul Muite, who were defending Waluke and Wakhungu, successfully told the court that the two were innocent and that the prison sentence was too severe and should be removed.
The judges stated that they were satisfied with the appeal of the two.
“Finally, we are satisfied that the defendants have presented a case worthy of allowing their appeal. The appeal is accepted, and the sentences and punishments given to the defendants are removed. The defendants will be released immediately unless they are held legally for other reasons,” they said.
Through lawyer Paul Muite, Wakhungu, who is over 70 years old, claimed that the payment was never canceled and that what they received was only part of the payment.
“There will be no case of fraudulent acquisition arising from a court order that has not been revoked or revoked. If the defendants had gone to River Road and created a fake order, then this would have been a case,” he said.
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Source: TUKO.co.ke