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Sirisia Member of Parliament John Waluke and his co-director walk scots free after the Court of Appeal on Friday overturned the High Court's decision that upheld their conviction to 67 years and 69 years, respectively, over the Sh300 million maize scandal.
A three-judge bench of the appellant court comprising Justices Asike Makhandia, Patrick Kiage, and Abida Ali-Aroni set aside the sentence imposed on Waluke and his accomplice, a co-director of a popular agency known as Erad Supplies and general contractors for irregularly obtaining more than Sh 300 million from the National Cereals and Produce Board (NCPB).
"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. The appellants shall forthwith be set at liberty unless otherwise lawfully held," the judges ruled.
The judges ruled that the graft charges lacked merit, as the payment in question had been approved by the High Court through civil proceedings.
The judges emphasized that the Chief Magistrate’s Court was bound by the High Court's decisions regarding the transaction, especially since the issue of an allegedly forged invoice had been thoroughly addressed in civil proceedings.
The judges condemned the National Cereals and Produce Board (NCPB) for attempting to punish Waluke and Wakhungu to satisfy malicious motives.
Justice Abida Ali-Aroni however declined to sign the decision.
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