Sirisia MP John Waluke loses appeal in Sh297m NCPB fraud case;
The High Court has upheld the 67-year jail term imposed on Sirisia MP John Waluke over the Sh313 million NCPB case.
Justice Esther Maina said the charges against Waluke and Grace Wakhungu before trial Magistrate Elizabeth Juma were proved beyond reasonable doubt.
“The sentences were not excessive. They are within the law. Conviction and sentences affirmed,” the judge said.
Maina said Waluke and Wakhungu will have to pay the fines or serve the sentences. Wakhungu was sentenced to 69 years in prison.
The two are however, allowed to appeal the sentence within 14 days.
Both have five counts against them. In count one, Waluke and Wakhungu are charged, along with Erad Supplies and General Contracts Limited, with knowingly and fraudulently uttering a false invoice for the sum of USD 1,146,000 and National Cereals and Produce Board purporting it to be an invoice to support a claim for costs of storage of 40,000 metric tonnes of white maize on or about the 24th day of February, 2009.
In Count two, Grace Wakhungu was charged with perjury for willfully providing false evidence for claims for maize storage fees in an arbitration dispute between Erad Supplies and General Contracts Limited and National Cereals and Produce Board.
Waluke and Wakhungu are also charged, along with Erad Supplies and General Contracts Limited, with jointly and fraudulently acquiring public property in the amount of Ksh 297,386,505, purportedly for storage charges of 40,000 metric tonnes of white maize. They are also accused of acquiring another public property to wit, Ksh 13,364,671 purporting to be costs of similar purpose of storage.
They are also accused of jointly and fraudulently acquiring public property, specifically USD 24,032,000 supposedly incurred by Chelsea Freight for the storage of the maize, as well as loss of earnings and interest.
