Sirisia Member of Parliament John Waluke and his co-accused Grace Wakhungu will wait until Monday to know their bail ruling, in a hearing that has been pushed by Justice John Onyiego.
The hearing failed because Milimani Courts were being fumigated and the time when the Director of Public Prosecution Noordin Haji also maintained pressure on the courts not to let Waluke and Wakhungu free, even on bail.
In his reply before Judge Oyiengo, the DDP argued that the two convicts are not too ill, they can be handled in prison dispensaries which he said handle other convicts with more serious illnesses.
The correspondences between the DPP and Commissioner General of Prisons Wycliffe Ogallo show that that Waluke has hypertension, arthritis and diabetes while Wakhungu has arthritis and hypertension.
Ogallo told the DPP that the prison facilities can manage their conditions
“These conditions are usually managed as outpatient unless any complications arise. However, as it is now, their health condition can adequately be managed in our medical facilities,” Ogallo stated in a reply to Haji’s letter dated July 27.
Waluke has been begging for sympathy like a baby, as he risks losing his parliamentary seat if he remained behind bars for long but a reluctant Muteti argued that the convict can’t monopolise the seat.
Alexander Muteti is the senior assistant DPP.
The courts found Waluke guilty of the theft of Sh297 million through a shady deal with the National Cereals and Produce Board (NCPB). He acquired that amount from the public as the cost of storing ‘the maize’ he was ‘supply’ to NCPB.
Waluke was also the director of Erad Supplies and General Contractors where he made a false invoice worth Sh114,600,000 as evidence to support a maize storage claim by Chelsea Freights.
The charges read that, “On or about March 19, 2013, in Nairobi City County, being the director of Erad Supplies and General Contractors, he jointly and fraudulently acquired Sh297,386,505 purporting to be the costs of storage of 40,000 tonnes of white maize, guilty or not guilty?“
Waluke while hiding behind Erad had been playing hide and seek games with NCPB over maize he did not supply after receiving the payment.
When NCPB floated 180,000 tonnes of may supply tender back in 2003, it picked five companies including Erad, Hala General Trading LLC and Euroworld Commodities Limited.
Each company was contracted to supply 40,000 tonnes except Purma Holdings and Freba Investments that got 30,000 each.
But they later fellout on payments and as the board claimed that the firm which Erad had contracted to supply it with maize, Ropack CC International was not in maize business at all.
Parliament’s Investment Committee also ruled that Erad should not be paid because it used fake documents tow in the tender. It further added that Erad was not qualified to supply the maize.
But the the lawmaker’s fate was sealed when High Court judge Mumbi Ngugi dismissed a case he had file to dodge prosecution.
Lazy politicians flocked his home last month for ‘prayers’ where they asked god to grant them one billion to ‘buy’ the convicted Mp freedom.
They were led by former Kakamega Senator Boni Khalwale whose new delegation of the self-proclaimed preachers of the gospel for political transformation is loitering in Western.
They are allied to the Deputy President William Ruto, a faction that enjoys no love the regime but they still sought President Uhuru Kenyatta’s intervention.