The Court of Appeal has overturned the hefty penalties imposed on Sirisia MP John Waluke and his co-accused Grace Wakhungu.
The court has quashed their 67-year jail terms and Sh2 billion fines which were originally handed down for fraudulently acquiring Sh313 million from the National Cereals and Produce Board (NCPB). The case against Waluke and Wakhungu originated in 2014 when they were accused of fraudulent activities leading to the illegal acquisition of funds from the NCPB. In June 2020, the Anti-Corruption Court found them guilty and imposed severe penalties.
However, the defendant’s legal team, spearheaded by prominent lawyers Otiende Amolo and Elisha Ongoya, contends that the initial trial was flawed by legal inconsistencies and insufficient evidence. They argue that the Sh313 million in question was lawfully paid out and did not constitute fraud. The Court of Appeal’s decision to nullify the sentences has elicited mixed reactions. While some view it as a triumph of justice, others perceive it as a setback in the fight against corruption. The appellate judges have cited procedural errors and a lack of conclusive evidence as the basis for overturning the initial verdict.
This ruling has sparked a wave of responses from various quarters, with anti-corruption advocates expressing disappointment and arguing that it undermines efforts to hold public officials accountable. Conversely, supporters of Waluke and Wakhungu have welcomed the ruling as a vindication of their innocence. The initial conviction was seen as a victory for anti-corruption efforts, but the appeal court’s decision has raised questions about the effectiveness of the legal framework in tackling such issues.
Despite the quashing of the sentences, the legal battle is far from over. The Director of Public Prosecutions has indicated plans to appeal the decision, seeking to reinstate the original penalties. Corruption remains a pervasive issue, affecting various sectors of society and eroding public trust in institutions.
