The Court of Appeal has overturned the High Court decision that sentenced Sirisia MP John Waluke to 67 years in prison.
In a ruling delivered on Friday, October 11, Court of Appeal Judge Asike Makhandia ruled that the offense of presenting false documents, even if established, did not necessarily imply that the other offenses had also been committed.
"It is also quite apparent that the offense of uttering false documents, even if had been proved, did not automatically mean that the remaining offenses had been committed as the learned judge concluded," the Judge said.
Judge Makhandia went ahead to describe the High Court's decision as the worst form of abuse of the criminal process, noting that it was undertaken for ulterior motives.
"It does appear to us that after NCPB failed all the way to impugn the award in civil proceedings turn to EACC to invoke criminal functions against the appellants to achieve the very purpose it had been denied in civil proceedings going by the import of the sentences imposed," Judge Makhandia stated.
In the end, Judge Makhandia concluded that the MP and his co-accused had made a case that warranted the Court to allow the appeal.
"Ultimately, we are satisfied that the appellants have made a case that warrants us to allow their appeal. The appeal is accordingly allowed, and the convictions and sentences imposed on the appellants are set aside. The appellants shall forthwith be set at liberty and less otherwise lawfully held," the ruling concluded.
Waluke was sentenced to 67 years in prison for his involvement in a fraudulent maize scandal that resulted in the loss of Ksh 313 million from the National Cereals and Produce Board (NCPB).
Alongside his business partner, Grace Wakhungu, he was convicted of multiple charges, including uttering false documents and perjury related to forged invoices submitted for payment.
The High Court upheld the initial ruling, stating that the evidence against Waluke was compelling and that the sentences were justified under the law.
He was also fined Ksh 1 billion; failure to pay would lead to serving the full jail term.
