- The court however acquitted Waluke on two counts of uttering false documents.
- Waluke and Wakhungu will be in remand at Kileleshwa police station pending their sentencing on June 25.
Sirisia MP John Waluke and the mother of former Environment CS Judy Wakhungu are facing up to 10 years in prison after a court found them guilty of fraud.
They will spend three days at Kileleshwa police station waiting to be sentenced for Sh297 million fraud at the National Cereals and Produce Board.
Milimani anti-corruption magistrate Elizabeth Juma ruled that the prosecution proved its case of fraud against the two.
“The court found that there was fraud and the accused persons acquired money by false pretenses," Juma said.
Waluke's case is the first major victory for DPP Noordin Haji in the war on corruption.
He and Wakhungu risk being imprisoned for a term not exceeding 10 years or pay a fine not exceeding Sh1 million or both.
The law says there is an additional mandatory fine if, as a result of the conduct that constituted the offence, the person received a quantified benefit or any other person suffered a quantified loss.
The magistrate acquitted Waluke in the counts of uttering false documents as a director of Erad Supplies and General Contracts. This was done as evidence in the arbitration dispute between Erad and NCPB.
He was also acquitted on a charge of perjury, where he was charged with giving false testimony in an arbitration dispute between Erad and NCPB.
He gave false claims for costs of storage of 40,000 metric tonnes of white maize purportedly incurred by Chelsea Freight.
The court, however, held that Waluke and Wakhungu fraudulently acquired public property of Sh297,386,505.
Juma found Wakhungu guilty of uttering false documents and three other counts.
She noted that the exhibit used by Wakhungu was fraudulent and was uttered during the process of the arbitration.
The magistrate noted that whether the two accused persons acquired public resources or not, there was evidence on how the money was withdrawn from three bank accounts.
“This is undisputed evidence since it was backed by bank statements. Upon receipt of the money there were six transactions that were done,” the court found.
Through their lawyers, the accused persons urged the court to be released and not be incarcerated.
They pleaded not to attend their mitigation and sentencing in custody citing that Waluke was a legislature and would not abscond.
However, the magistrate declined saying that the matter was serious and the court had already found them guilty.
She directed the case to be mentioned on June 25 for sentencing of the suspects.
“The two will be in remand at Kileleshwa police station pending their sentencing on June 25,” the magistrate said.
Waluke, Wakhungu and their trading firm Erad were accused of receiving money from the NCPB after falsifying documents.
They are further accused of presenting a false invoice for Sh115,072,725 on February 24, 2009 as evidence in the arbitration dispute between their company and NCPB.
They purported that the invoice was to support the cost of storage of 40,000 metric tonnes of white maize, which was allegedly incurred by Chelsea Freight.
It is alleged that they further obtained Sh297,386,505 on March 19, 2013 for loss of profit and interest allegedly incurred by Chelsea Freight.
In June 2013, they got Sh13,364,671 purporting to be the cost of storage for the maize.
On the last count, they are accused of obtaining Sh2,413,113.
Edited by Henry Makori