- They received the money claiming that they had bought 40,000 tons of maize from abroad.
- Chief Magistrate Elizabeth Juma found the two guilty of receiving money through fraud and fined them Sh1 billion each.
- Defense requested accused to be released due to health and age.
Sirisia MPs John Waluke and Grace Wakhungu, serving sentences of 62 and 67 years, respectively, will know their fate on September 25, when the Supreme Court decides whether they will be released on bail. Waluke and Wakhungu, sentenced on June 26, asked the high court to release them on bail.
The accused requesting the bail release terms before their hearing and deciding on appeals against the harsh prison sentences of fraudulent Sh313 million they received from the National Cereals and Crops Board (NCPB).
They received the money claiming that they had bought 40,000 tons of maize from abroad. Chief Magistrate Elizabeth Juma found the two guilty of receiving money through fraud and fined them Sh1 billion each.
Attorneys Samson Nyaberi and Paul Muite, who filed the detainees’ application for parole, told the court the two were in critical condition and urged Judge John Onyiengo to consider their condition and age and release them on bail.
Grace Wakhungu, who is 80 years old, acknowledged Waluke is over 60 years old. Mr. Muite said:
“The difficult prison conditions are not conducive to the age of these prisoners with health problems. I urge this court to consider the Coronavirus disease which affects the elderly and release these prisoners on bail.”
Judge Onyiengo was told that the appeals of the detainees would be successful as there were many flaws in the evidence presented. Proponents of her case have been working to make the actual transcript of this statement available online.
The judge said Waluke admitted receiving Sh50 million, and Grace received Sh40 million, out of Sh313 million paid to their company, Erad Supplies & General contracts ltd and NCPB.
The high court allowed a private doctor to visit the Blind in Lang’ata prison to treatment prisoners. The bail application was strongly opposed by the deputy director-general of public prosecutions, Alexander Muteti, who said the judge had passed the appropriate sentence.
Merchant Caught in the Act of Forgery
A businessman facing a charge of forging land titles on Monday was ordered to be arrested. Mr. Patel Ravji Lalji was ordered to be arrested when he failed to appear in court to answer seven charges against him.
Mr. Lalji was released on Sh30,000 bail on Friday, and ordered to appear in court on Monday. He did not appear until his arrest warrant was submitted.
Prosecutor Angela Fuchaka asked the court to issue a warrant for the arrest of the suspect for disobeying a police order to appear in court on Monday to answer charges. “I request this court to issue a warrant for the arrest of the accused. He defied this court. He disregarded the order to appear in court to answer the charges.”
The accused had been granted Sh30,000 police bail. According to the indictment, Mr. Lalji forged the deed of sale, claiming it had been signed by Ms. Helen Odhiambo Oburu. He was also charged with forgery of 42 payment confirmation documents claiming to have been signed by Mr. Hezbon Omondi.
The suspect is facing another charge of forgery claiming they were signed by Nikitta Akinyi’s law firm, Okundi Ogonji. He also allegedly forged another document claiming it was approved by the law firm Odhiambo Oburu, Akinyi, and Ogonji Advocates. Senior Magistrate Bernard Ochoi ordered the case to be processed on Wednesday.