The Director of Public Prosecutions (DPP) has moved to the Court of Appeal to challenge High Court’s decision to release on bond graft convicts Sirisia MP John Waluke and his business associate Grace Wakhungu.
The DPP has filed a notice of appeal indicating that he is dissatisfied with the decision made by Justice John Onyiego on September 30.
“Take notice that the DPP, being dissatisfied with the decision of the High Court intends to appeal to the Court of Appeal against the decision in which the court released each of the appellants on bail pending their appeal,” reads the notice.
The notice was also served to the lawyers of the two convicts.
Justice Onyiego granted Waluke and Wakhungu Sh10 million and Sh20 million bail respectively, pending hearing and determination of their appeal.
The judge also gave them an alternative of depositing bonds of Sh20 million and Sh30 million respectively with sureties.
The two, who are also directors of Erad Supplies Ltd, were convicted in June by the Anti-Corruption Court for theft of Sh297 million from the National Cereals and Produce Board (NCPB).
The trial court also imposed a combined fine of Sh2 billion. In default, Wakhungu was handed a 39-year sentence while waluke was slapped with a 34-year sentence.
But they challenged their conviction and sentence and sought to be released on bail pending the determination of appeal.
While allowing their request, Justice Onyiego said he was persuaded that the two convicts have an arguable appeal against the lower court’s judgment.
Trial court
Among the issues the court noted are arguable include the legality of the sentences imposed by the trial court, though the judge said commenting on the same would prejudice the outcome of the appeal.
Another issue noted by the court was whether the payments made by NCPB to the convicts’ trading company, Erad Supplies Lt, were valid or illegal due to fraud. However, I was not in dispute the company received the money without supplying any maize.
The judge directed the two convicts to deposit their passports and travel documents in court and that they should not leave the country without the court’s permission.
In addition, the judge directed the convicts to be reporting to the High Court deputy registrar once a month.
The appeal will be mentioned on October 14 for directions.