- He was set to travel to the US for a parliamentary function next month.
- Together with Grace Wakhungu, they were convicted over the Sh297 million NCPB scandal in September last year.
Image: FILE
The High Court has declined to allow Sirisia MP John Waluke to travel out of the country following his conviction over the Sh297 million NCPB scandal.
Justice Esther Maina said Waluke is no longer an accused person but a convict that is out on bond.
“He cannot be treated the same way he was treated as an accused person where he enjoyed the presumption of innocence," she said.
"That presumption does not apply in this case. The circumstances have since changed."
Waluke and his business partner Grace Wakhungu were in September last year released on a Sh10 million and Sh20 million bail respectively after spending three months in jail for theft.
They were granted bail pending an appeal they have filed over their conviction in the maize scam.
The two were imprisoned on June 22 last year by the Anti-Corruption Court after being found guilty of fraud and illegal acquisition of Sh297 million through shady deals at the Nairobi Cereals and Produce Board (NCPB).
Upon conviction, the trial court imposed a combined fine of Sh2 billion. In default, Wakhungu was handed a 39-year sentence while the MP was slapped with a 34-year sentence. They were also directed to surrender their passports in court.
Last week, the legislator through lawyer Elisha Ongoya, urged the court to release his passport to enable him to travel to the US.
He was scheduled to travel from November 5 and return on November 18 for a parliamentary function.
The Director of Public Prosecutions Noordin Haji had opposed his application saying Waluke was convicted of serious economic crimes and the sentence given by the court has not been set aside.
Senior prosecution counsel Caroline Kimiri said the situation poses him as a serious flight risk should he be allowed to leave.
"It is in bad faith and in conflict with public interest for persons who have been convicted and sentenced to be allowed to enjoy freedoms or travel outside the country," she said.
The judge, in rejecting the application, said the court order barring the duo from leaving the country has not been reviewed.
“There is no point in releasing the passport when he cannot leave the country. The court cannot act in vain,” she said.