• During trial she displayed traits such as difficulty concentrating, anxiety, long-lasting sadness and other signs of inferior mental health.
• She believes that the burden of proof was shifted from the prosecution to her and the sentence imposed was too harsh.
Image: FILE
Grace Wakhungu, who is serving 69 years in jail after she was found guilty of fraud has asked to be released on bail pending appeal on grounds of poor mental health.
Wakhungu, 79, has hypertension and the family thinks there is a likelihood that she has not been in a proper mental state.
The family believes she may have been unable to stand trial and understand the nature and consequences of the proceedings.
During the trial, she appeared to have difficulty concentrating, anxiety, long-lasting sadness and other signs of poor mental health.
“If the appellant’s condition is not professionally assessed and the appellant be released on bond during the pendency of the appeal her physical and mental health stand a risk of permanent deterioration which cannot be remedied by any legal relief.”
In her application, Wakhungu asked to be admitted to bond pending hearing and determination of her appeal.
Also sought is an order to the officer in charge of Lang'ata Women’s Prison requiring a government geriatric and psychiatrist to examine Wakhungu and file a report on her physical and mental health.
On June 22, Wakhungu was convicted on five jail terms of 69 years or a fine of more than Sh700 million. She had been charged alongside Sirisia MP John Waluke.
Wakhungu and Waluke were convicted of fraud involving Sh297 million in shady maize dealings with National Cereals and Produce Board.
For uttering false documents, Wakhungu was fined Sh100,000 or in default to serve one year imprisonment. For the offence of perjury, she will part with Sh100,000 or serve one year in prison.
For fraudulent acquisition of public property, Wakhungu and Waluke were each fined Sh500,000 or serve three years in prison. Erad - the firm they co-direct - was fined Sh500,000.
The court considered that NCPB had lost Sh297 million and directed that both pay Sh594 million or serve seven years in prison. Erad will pay Sh594 million.
In another count of fraudulent acquisition of property, both were fined Sh500,000 or in default three years imprisonment. Erad will 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 or serve seven years imprisonment. Erad will pay Sh26.7 million.
In her latest filing in court, Wakhungu said she is dissatisfied with the decision of the magistrate and has already filed an appeal.
She believes her appeal has great chances of success because she was convicted in the absence of any motive imputed to her.
Secondly, she believes that the burden of proof was shifted from the prosecution to her and the sentence imposed was too harsh.
Edited by R.Wamochie