Sirisia MP John Waluke has been granted Sh10 million cash bail, while his co-accused in the Sh313 million NCPB scandal Grace Wakhungu has been granted Sh20 million bail pending hearing of their appeal.
Justice John Onyiego on Monday directed them to deposit their passports in court.
They will not be allowed to travel out of the country until their appeal is determined.
Onyiego said, “I’m persuaded that applicants (Waluke and Wakhungu) have an arguable appeal.”
Waluke and Wakhungu were convicted of fraud involving Sh313 million in shady maize dealings with the National Cereal and Produce Board.
Wakhungu had initially been sentenced to 69 years in jail with an option of Sh1 billion fine while Waluke was handed a 67-year sentence or a similar fine.
In regard to Waluke saying he could lose his parliamentary seat over the case, Onyiego said there is no law that provides for special treatment of certain categories of people. “What matters is equal treatment regardless of social status,” he said.
“I’m not convinced that Waluke being aged 59 is sufficient grounds to grant bail. At age 59 he is an active person in my view,”
The judge said concerning his being diabetic, there is no evidence adduced that a prison facility is not capable of handling such illnesses.
With regard to Wakhungu, she did not sign an affidavit to ascertain her medical condition but there are medical notes from AAR which confirm that she was treated for high blood pressure.
“There is no dispute she is aged 80 and going with Covid-19 guidleines, her age is an exceptional circumstance to grant her bail,” Onyiego said.
On the issue of legality of sentences imposed by the trial court, judge Onyiego said commenting on the legality of the sentences will prejudice the outcome of the appeal. It will be dealt with during the hearing of the appeal.