Appellate Court Overturns High Court Decision Convicting MP Waluke to 67 Year in Jail

On Friday, the Court of Appeal overturned the High Court’s ruling that sentenced Sirisia Member of Parliament, John Waluke, to 67 years in prison on corruption charges.

In 2022, the High Court had sentenced Waluke to either serve 67 years in prison or pay a Ksh1 billion fine, after rejecting his appeal against the verdict.

Waluke and his co-director, accused of defrauding the National Cereals and Produce Board (NCPB) of Ksh313 million, were convicted on charges of graft.

In her ruling, Justice Esther Maina rejected the appeal that sought to overturn a lower court’s decision, which had allowed John Waluke to be released while awaiting the hearing and final determination of the case.

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In the ruling delivered on October 1, 2022, the court acknowledged that the prosecution had provided sufficient evidence to convict the accused.

Justice Maina, in her judgment, emphasized that the decision was meant to serve as a deterrent to state officers who violate their oath of office by engaging in corrupt activities and prioritizing personal gain over the welfare of Kenyans.

“The offences are serious and the accused persons took advantage of a dire situation where Kenyans were faced with hunger and maize was required to save Kenyans from starvation. It, therefore, calls for a deterrence sentence,” said Justice Maina.

Following the High Court’s decision, the MP appealed to the Court of Appeal to contest the ruling.

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In his petition, the Sirisia MP urged the appellate court to overturn his conviction, maintaining that he had legally obtained the Ksh313 million in question.

Waluke’s legal team, consisting of Otiende Amollo and Elisha Ongoya, argued before the Court of Appeal that the charges against him were politically motivated, and described the 67-year prison sentence as excessively harsh for the case.

After his release, Waluke demanded the return of the Ksh313 million that had been frozen by the government, accusing the State of conducting a political witchhunt against him.