The Judiciary has now clarified that Sirisia MP John Waluke was jailed for 67 years and Grace Wakhungu 69 years if they don’t pay the combined Sh2.1 billion fine.
The media initially reported that the two would serve seven years in jail failure to paying the fine, Sh727.7 million and Sh707.7 million respectively.
When the Anti-Corruption Court delivered its ruling on Thursday night, it was not clear whether the sentences on Waluke and Grace Wakhungu, the directors of Erad Supplies, would run concurrently or consecutively.
But Chief magistrate Elizabeth Juma on Friday said in a statement that if the fines she set are not paid, Waluke and Wakhungu 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. A company cannot serve a jail term, she said.
Waluke received Sh50 million, while co-directors the late Jacob Juma and Wakhungu got Sh113 million and Sh40 million respectively.
The two faced five counts relating to uttering a false document, perjury and fraudulent acquisition of public property in relation to the CPB maize scandal.
For uttering false documents, Wakhungu was fined Sh100,000 or in default to serve one year imprisonment. For perjury, she will pay Sh100,000 in default one year in jail.
For fraudulent acquisition of public property, they wee each fined Sh500,000 or in default three years in prison. Erad, their company, was fined Sh500,000.
The court said 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.
For fraudulent acquisition of property, they were fined Sh500,000 or three years imprisonment. Erad will pay Sh500,000.
For another fraudulent acquisition of public property count, the court considered that NCPB had lost Sh13,364.671 and as a result, Wakhungu and Waluke were each fined Sh26.7 million or in default seven years imprisonment. Erad will pay Sh26.7 million.
The cumulative jail terms, Juma noted, will come to 69 years for Wakhungu and 67 years for Waluke.
The two have 14 days to appeal.
What a historic ruling this will be if it stands at the Court of Appeal.