Sirisia MP John Waluke has been granted Sh10 million bail, while his co-accused Grace Wakhungu has been granted Sh20 million bail pending hearing of their appeal.
The two were found guilty in the Sh300 million NCPB scandal and Waluke handed a 67-year jail term, while Wakhungu was sentenced to 69 years, if they failed to pay their respective fines.
Waluke and his firm Erad Supplies were directed to pay a fine of Sh727 million each or serve the jail term for receiving a fraudulent payment from NCPB, while Wakhungu was fined Sh707 million.
Justice John Onyiego on Monday said he was persuaded that the two have “an arguable appeal.”
He also directed that they deposit their passports in court as they were barred from travelling abroad until their appeal is determined.
Onyiego, however, dismissed Waluke’s argument in his bail appeal, saying he could lose his parliamentary seat over the case. The judge 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 any 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 legality of sentences imposed by the trial court, Onyiego said commenting on the legality of the sentences will prejudice the outcome of the appeal and it will be dealt with during the hearing of the appeal.