MP John Waluke to serve 67-years behind bars, after appeal dismissed

Sirisia Member of Parliament John Waluke will have to serve a sixty-seven-year prison sentence. The High Court being led by judge Esther Maina declined to set aside his conviction on Thursday, October 6 2022. MP Waluke was found guilty over a two hundred and ninety-seven million Kenyan shillings scandal involving the National Cereals and Produce Board (NCPB). The Member of Parliament alongside his business associate Grace Wakhungu were sentenced for more than forty years each but were granted the option of paying fines in excess of one billion Kenyan shillings.

“After carefully considering evidence, this court came to the conclusion that the appeals have no merit. The criminal charges were proved beyond reasonable doubt.” Judge Esther Maina said.

Waluke is in his third term after being re-elected in the August General Election. The lawmaker ran on Jubilee Party ticket, getting 16,461 votes against Ford-Kenya candidate Nasiuma Wafula’s 8,811 votes. MP Waluke was in June 2020, found guilty of embezzling the National Cereals and Produce Board (NCPB) Ksh297 million. He filed a thirty-point document in the same year, through his lawyers, presenting what his lawyers called inconsistencies and a lack of independence in reaching the guilty verdict.

MP Waluke and Wakhungu, through Erad Supplies & General Contracts Limited (Erad); a company where the two are shareholders, were supposed to supply 40,000 tons of maize to NCPB in 2004 but ended up pocketing Ksh.313 million without supplying the expected maize. Mr Waluke and Wakhungu however had appealed saying the payments made arose from an adjudication and not a procurement award.

“There can be no case of fraudulent acquisition arising from an order of the court, which has not been set aside or overturned. If the appellants had gone to River Road and created a fake order, this would be the case.” Their lawyer Paul Muite told the court.

Member of Parliament Waluke will lose his parliamentary seat if he fails to appeal against the decision, because he would have been jailed for more than six months.