Graft convicts Waluke, Wakhungu granted bail pending appeal

Sirisia MP John Waluke could end up depositing only Sh7 million bail if the deputy registrar confirms that Sh3 million bail he deposited when he was initially charged over the Sh283 million maize scam in 2018 is still held by the court 

Waluke was on Monday granted a bail of Sh10 million and a bond of Sh20 million pending hearing and determination of an appeal he has filed against his conviction.  

His business partner Grace Wakhungu was granted a bail of Sh20 million and a bond of Sh30 million.

Their defense counsels asked the court to have part of the bond or cash bail deposited in a lower court in 2018  used. 

But judge John Onyiego said the court did not know whether the cash bail was released. 

"Let the deputy registrar consult the accounts office in determining if there is any amount held and use her discretion," Onyiego said.

In granting them bail, Onyiego said he was persuaded that they have an arguable appeal. 

He, however, dismissed claims by Waluke that he is likely to lose his parliamentary seat. He said there is no law providing for special treatment of certain categories of people and what matters is equal treatment regardless of social status. 

The judge said he was not convinced that Waluke's age was sufficient ground to grant bail. "At age 59 he is an active person in my view," he said. 

With regard to Wakhungu, the judge said she did not sign any affidavit to ascertain her medical condition but there were medical notes from AAR which confirm that she was treated from HBP.

"There's no dispute she's 80 years old. And going with Covid-19 guidelines, her age is an exceptional circumstance to grant her bail," he said. 

 The duo was in June convicted of fraud involving shady maize dealings with the National Cereals and Produce Board. 

 Wakhungu was sentenced to 69 years in jail with the option of Sh1 billion fine while Waluke was handed a 67-year sentence or a similar fine. The two have since appealed their convictions. 

During the hearing, Waluke asked the court to release him on bail on account of his seat, age and health. He claimed he is diabetic and hypersensitive. He told justice John Onyiego that trial magistrate Elizabeth Juma failed to appreciate that critical witnesses were never called to testify.

But in an affidavit, prosecution counsel Ruby Okoth said the sentence meted out by Juma was lawful, just and compliant with the provisions of the Anti-Corruption and Economic Crimes Act. 

“The sentence imposed by court took into account their mitigation which included age and health issues. His conviction was also on the basis of credible and well corroborated evidence presented by the prosecution," read the document.

The DPP said claims by Sirisia MP that he is likely to lose his parliamentary seat is not an exceptional circumstance to warrant grant of bail.

A parliamentary seat, he said, is a state office and not Waluke’s personal entitlement. He asked the court to deny Waluke bail as he had failed to demonstrate what prejudice he and the constituents of Sirisia would suffer.