• He has faulted the court for failing to give due diligence and analysis to the defence they adduced during trial.
• Waluke said the trial court erred by holding that he had committed a fraud without cogent and sufficient evidence to support that theory.
Image: FILE
Sirisia MP John Waluke has appealed against a 67-year sentence handed to him by a magistrate court over a Sh297 million maize scam.
Through lawyer Sam Nyaberi, Waluke on Thursday said Anti-corruption magistrate Elizabeth Juma failed to appreciate that critical witnesses were never called to testify.
Waluke said there were material contradictions and inconsistencies that undermined the prosecution's case.
"The trial court failed to appreciate the fact the business transaction was purely commercial and there was no criminal culpability," he said.
He has faulted the court for failing to give due diligence and analysis to the defence they adduced during trial.
Waluke said the trial court erred by holding that he had committed a fraud without cogent and sufficient evidence to support that theory.
The magistrate on Tuesday last week found Waluke guilty of fraud involving Sh297 million in shady maize dealings with the National Cereals and Produce Board (NCPB).
Also indicted of the charges was Grace Wakhungu, who was a co-director with Waluke at Erad Supplies and General Contractors - the firm involved in the deal.
Walukhe said the subordinate court failed to appreciate that tge National Cereals and Produce Board could not raise a letter of credit for Erad suppliers since it had only Sh3.1 billion and the contractor received Sh4.8 billion hence a short fall of Sh1.7 billion.
He also said the court failed to appreciate that the amounts in question were paid to various law firms and not them.
The court found that the offences committed were serious and noted that the accused persons took advantage of a dire situation at a time when Kenyans were faced with famine.
The imported maize was supposed to help starving Kenyans.
The convicts faced various charges from uttering false documents, unlawful acquisition of public property among others.
In uttering false documents, Wakhungu was fined Sh100,000 in default he is to serve one year imprisonment.
For the offence of perjury, Wakhungu will part with Sh100,000 in default one year in prison.
For the charge of fraudulent acquisition of public property, Wakhungu and Waluke were each fined Sh500,000 in default three years in prison.
The company Erad was fined Sh500,000.
The court further considered that NCPB had lostSh297 million and therefore directed that both pay Sh594 million in default seven years in prison and Erad supplies to pay Sh594 million.
In another count of fraudulent acquisition of property, both were fined Sh500,000 in default three years imprisonment and Erad supplies is to pay Sh500,000.
In yet another charge of fraudulent acquisition of public property. the court considered that NCPB had lost Sh13,364,671 therefore Wakhungu and Waluke were each fined Sh26.7 million in default they are to spend seven years in prison and Erad supplies to pay Sh26.7 million.
In that count, it is alleged that directors of Erad in July 2013 jointly and fraudulently acquired public property being $24,032 purportedly to the cost of storage of 40,000 metric tonnes of white maize purportedly incurred by Chelsea Freight and loss of profit and interest.