The Court of Appeal has overturned the 67-year graft conviction of Sirisia Member of Parliament John Waluke and his co-accused, Grace Wakhungu.
In his ruling, Justice Patrick Kiage disagreed with the high court’s initial judgment, arguing that it failed to properly analyze the evidence against the appellants, particularly concerning the distinct.
“Ultimately, we are satisfied that the appellants have made a case to warrant us to allow the appeal. The appeal is accordingly allowed,and the convictions and sentences imposed on the appellants are set aside,” read the ruling in part.
The appellate court emphasized that the prosecution did not sufficiently differentiate between legitimate funds and those allegedly involved in corrupt activities.
Walukhe was sentenced in 2020 alongside Grace Wakhungu on June 25 over Kes 300 million fraud in a maize scandal at the National Cereals and Produce Board (NCPB).
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Justice Esther Maina, in her judgment, said that the Magistrate’s court's sentence was not harsh since the 2 had defrauded the government of Kes 297 million in the supply of maize to NCPB.
Further, the court ruled that the evidence tendered before the trial court was factual, showing that the appellants had fraudulently received the money.
The court gave the two the option of a fine of Kes 2 Billion.