Grace Wakhungu, convicted of defrauding the National Cereals and Produce Board, will stay in jail until August 7 when her bail plea on medical grounds will be heard.
Wakhungu was on June 22 sentenced to 69 years in jail with the option of Sh1 billion fine. Her business partner Sirisia MP John Waluke was handed a 67-year sentence with a Sh1 billion fine.
The two were convicted of fraud involving Sh297 million in shady maize dealings with the NCPB.
They are both directors of Erad supplies which was paid Sh313 million by the grain handler after accusing the agency of breaching a contract in 2004.
They have appealed against their convictions and asked the court to grant them bail pending the hearing of their cases.
On Wednesday, Wakhungu through lawyer Paul Muite urged the court to allow her to be examined by a government doctor in the presence of her own doctors. Muite said Wakhungus' health is deteriorating as she serves time in prison.
She has hypertension, the court heard, and if her condition is not assessed, her physical and mental health stand a risk of permanent deterioration.
“I do not want trouble with my conscience or anything to happen before the court hears the bail application,” Muite said.
"What is likely to happen?" asked the judge.
"Your honour, we are living in peculiar times. Covid-19 is here and in a prison environment it's impossible to keep a social distance," Muite said.
But state prosecutor Alexander Muteti said the Covid-19 situation is all over.
“In prison, she can be isolated just as would have been the case in her home,” Muteti said.
He urged the court to dismiss Muite's pleadings as the sickness never arose during the trial or sentencing.
Onyiego directed the DPP to respond to the bail application by Wakhungu and Waluke within the next seven days. He said the medical examination plea will be canvassed on August 7 when the bail application will be heard.
The two argue in their appeal that the trial magistrate failed to appreciate that the dispute was commercial and had no criminal culpability for wrongdoing by the parties.
Waluke argues that the jail term is harsh and unjust, especially in a democratic society where sentences are meant to be rehabilitative. He has likened his sentencing to a death penalty.
"I fear that my seat may be declared vacant for inability to attend the requisite member of sittings for each session of Parliament," he says
He also claims he is diabetic and hypersensitive patient and is presently ill.
