The Director of Public Prosecution Noordin Haji has urged the Court of Appeal to dismiss a bid by Sirisia Member of Parliament (MP) John Waluke to be released on bail pending the hearing of his appeal challenging the 67 year jail term imposed on him over Ksh297 million NCPB maize scam.
While opposing the bail application by Waluke, Haji through State counsels Alexander Muteti and Victor Owiti told Appellant Court Judges Asike Makhandi, Sankale ole Kantai and Grace Ngenye to deny him bail terming the appeal challenging the High court decision to uphold his sentence as "hopeless with no chance of success."
"The bail application has no merit and we urge this court to dismiss it and set the hearing dates for the main appeal challenging the conviction and sentence," Muteti said.
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The prosecutor said there are no exceptional circumstances to warrant the release of the jailed lawmaker, who is serving the sentence at Kamiti Maximum Security Prison after he was unable to raise over Ksh 1 billion imposed by the Anti-Corruption court.
“On the argument that over 60,000 people of Sirisia constituency have been denied representation, there is an element of public interest consideration in this case. The fight against corruption outweighs the individual interest of a sitting MP to continue serving. That argument cannot pass the test of an exceptional circumstance,” said Muteti.
He further told the judges that there is no basis for the Court of Appeal to disturb the concurring findings of the Magistrate Court and High Court on three corruption of fraudulent acquisition of public funds offences committed by the lawmaker.
Ksh10 million bond
But Waluke through lawyers Otiende Omollo and Elisha Ongoya urged the appellant Judges to release him on bond terms of Ksh10 million saying there is overwhelming evidence to have the sentence quashed.
Omollo informed the judges that they have more than 30 arguable legal points as to the success of the appeal, adding that the MP is at risk of losing his seat and triggering a by-election should he not be granted bail.
They said that the magistrate court having acquitted Waluke from the main charge of uttering false invoices there was no basis for convicting him for fraudulent acquisition of public property.
The court heard that since the acquisition of the funds stemmed from the forged invoices, Waluke could not be convicted.
“The court found he did not utter any document and acquitted him. But strangely convicted him of fraudulently obtaining money on the basis of uttering the document,” Amollo said.
In his appeal, Waluke wants the appellant court to quash the sentence saying the same is harsh and unwarranted.
The MP further wants the court to make a finding on whether payment of monies made pursuant to court proceedings arising from an arbitral award and payment made pursuant to a garnishee order can sustain a criminal charge and conviction.
The Court of Appeal will give the ruling date on his bail request today evening.
