Sirisia MP John Waluke who has been in prison following his incarceration for defrauding the National Cereals and Produce Board (NCPB) Ksh313 million has been granted bail.
On Monday, High Court judge John Oyiengo granted Waluke and his co-accused Grace Wakhungu a cash bail of Ksh10 million and Ksh20 million respectively.
The two were jailed in June after Chief Magistrate Elizabeth Juma found them guilty of stealing from NCPB through dubious tenders.
Waluke and Wakhungu were paid through their company, Erad Supplies and General Contracts a tune of Ksh313 million for alleged maize supplies.
The court heard that they forged an invoice which they presented to NCPB for processing their payment.
The bail was granted pending the determination of an appeal filed at the High Court by the MP.
Justice Oyiengo said that he finds merit in granting the two convicts bail saying that they had met all conditions required.
However, he directed them to deposit their travel documents with the court and report to the deputy registrar every month.
The court rejected an argument by Waluke’s counsel that he would lose his parliamentary seat should he continue staying in prison.
The judge said that there is no law which has prescribed special treatment to lawmakers who are presented to the court as suspects.
Waluke had been sentenced to 67 years in jail or pay up to Ksh1.04 billion in fines while Wakhungu was required to pay Ksh1.02 billion in fines or serve 69 years in prison.
In his appeal, Waluke argues that the sentence imposed by the magistrate was draconian and was based on insufficient evidence.
He also said that politics played a huge part in his sentencing.
