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Case of jailed MP finds its way to House

Case of jailed MP finds its way to House
Sirisia MP John Waluke. PHOTO/File
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The plight of jailed Sirisia MP John Waluke (above) made its way to Parliament, with a member claiming that the matter had been politicised.

Bumula MP Jack Wamboka claimed that Waluke was suffering because of the political stand he had taken.

“There are many people in the country facing similar charges but they continue to enjoy freedom just because they are on the right side, politically,” said Wamboka.

“In the past few days, we have seen the case of Amos Kimunya reinstated, while those of people aligned to the Executive have been dropped, either by the courts or by the Director of Public Prosecutions (DPP),” he said.

Last week, a court ordered that Kimunya be charged afresh on a land-grabbing case, while Cabinet nominee Aisha Jumwa had her two cases dropped. Cabinet nominee Mithika Linturi also had his case dropped after a woman who had accused him of sexual assault withdrew the charges.

Wamboka was, however, stopped from making further statements by Speaker Moses Wetangula, who told him not to engage the judiciary without substantiating. Leader of Majority Kimani Ichungw’a also warned members against disparaging other arms of government.

Waluke and his business partner Grace Wakhungu were last week sent back to prison after the High Court dismissed their appeals, saying they were properly convicted.

 and the more than 40 years they are required to serve in jail are not excessive.

“Court cases are heard and determined in the courts. If you indeed sympathize Waluke, the best thing to do is to support his lawyers to go to the Court of Appeal,” said Wetangula.

The Speaker told the MP to desist from questioning the competence of the courts since he has no capacity.

“You are trending on very dangerous grounds, the judiciary is an independent body and you have no capacity its competence,” cautioned Wetangula.

Leader of majority Kimani Ichungw’a warned members against using the chambers to disparage the other arms of government.

“The tirades the member has thrown against the judiciary are very unfortunate, members should desist from using the floor of the House to attack an independent arm of government since they cannot defend themselves here,” said Ichungw’a.

Waluke and his business partner Grace Wakhungu were last week sent back to prison after the High Court dismissed their appeals saying they were properly convicted and the more than 40 years they are required to serve in jail are not excessive.

Justice Esther Maina dismissed the appeals saying the prosecution proved the charges against the duo for fraudulently acquiring Sh313 million from a government agency decades ago.

After carefully considering the evidence adduced and the submissions made, this court comes to the conclusion that the appeals have no merit,” the judge said.

The judge said the two partners have to pay the hefty fines or serve the sentences imposed by chief magistrate Elizabeth Juma.

Both were jailed for more than 40 years each but were granted the option of paying fines in excess of Sh1 billion each, after they were found guilty of fraudulently receiving money from National Cereals and Produce Board (NCPB) for maize, which was never supplied.

Waluke and Wakhungu had appealed saying the payments made arose from an arbitration and not a procurement award.

The two and their firm, Erad Supplies & General Contractors, received over Sh313 million from NCPB for fake claims, in an alleged botched deal to supply some 40,000 metric tonnes to the government in 2004.

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