Convicted Sirisia MP John Waluke and his co-convict Grace Wakhungu are free at last after High Court Judge John Onyiengo granted them cash bail of Sh10 million and Sh20 million respectively pending appeal lodged against their 67 year-jail terms.
In his ruling, Justice Onyiengo said the appeal by the convicts has a high chance of success.
The convicts had argued that the appeal has high chances of success since the sentence imposed is illegal.
“To balance the interest of the accused with that of public interest, it’s the duty of the court to uphold the rights of the person,” said the judge.
The applicants had raised various issues that they were directors of the third accused, that is the company that sued National Cereals and Produce for breach of contract, leading to the payment of Sh256 million, a sum that got them in trouble.
Waluke had also argued that he is a member of Parliament and that he might lose his seat if he is not granted bail.
But Justice Onyiengo dismissed on of the grounds Waluke had argued in his application bail claiming that he was too old to stay in prison.
The court also dismissed a second ground that being a diabetic was not sufficient reason to warrant being released on bail since prisons have adequate facilities to handle such patients.