Waluke’s jail term is 67 years if he cant pay the money he stole, Judiciary clarifies

The Judiciary has come out to clarify that the jail term for Sirisia MP John Waluke is 67 years and not  7 as earlier reported.

The anti-corruption magistrate rendered her decision on Thursday night but it was not clear whether the sentences meted to Waluke and Grace Wakhungu, the directors of Erad Supplies, would run concurrently or consecutively.

Juma in a statement said if the fines she set are not paid, the two convicts will serve their own terms and if the company does not pay its own fine, then the directors will serve the sentence on its behalf plus their own.

She said this is because a company cannot serve a jail term.

The magistrate on Tuesday found the retired major guilty of fraud involving Sh297 million in shady maize dealings with National Cereals and Produce Board (NCPB).

Also found guilty of the charges was Wakhungu, who was a co-director with Waluke at Erad Supplies.

The court found that the offences committed were serious and noted that the accused persons took advantage of a dire situation at a time when Kenyans were faced with famine. The imported maize was supposed to help starving Kenyans.

The convicts faced five counts relating to uttering a false document, perjury and fraudulent acquisition of public property.

For uttering false documents, Wakhungu was fined Sh100,000 or in default to serve one year imprisonment. For the offence of perjury, she will part with Sh100,000 in default one year in prison.

For the charge of fraudulent acquisition of public property, Wakhungu and Waluke were each fined Sh500,000 or in default three years in prison. Erad was fined Sh500,000.

The court considered that NCPB had lost Sh297 million and directed that both pay Sh594 million or in default serve seven years in prison. Erad will pay Sh594 million.

In another count of fraudulent acquisition of property, both were fined Sh500,000 or in default three years imprisonment. Erad will pay Sh500,000.

In yet another charge of fraudulent acquisition of public property the court considered that NCPB had lost Sh13,364.671, therefore Wakhungu and Waluke were each fined Sh26.7 million or in default seven years imprisonment. Erad will pay Sh26.7 million.

Juma in her statement said the cumulative jail terms will come to 69 years for Wakhungu and 67 years for Waluke. 

But Waluke and Wakhungu’s  team of lawyers are in the process of preparing an appeal before the 14 days set by the law lapse.

The case took less than two years to be determined. Prosecution called for a total of 27 witnesses in support of the case.