Sirisia MP John Waluke and co-accused Grace Sarapay Wakhungu have each received hefty fines totaling Kshs 727 million and Kshs 707 million respectively over their involvement in the NCPB maize scam, where they fraudulently acquired at least Kshs 300 million. Defaulting on paying the fines accounted for them and the Erad Supplies and General Contractors fines will result to at least 7 years imprisonment for each. Delivering the much awaited ruling on Thursday at the Milimani Law Courts, magistrate Elizabeth Juma said that the two took advantage of the prevailing food situation in Kenya and defrauded the National Cereals and Produce Board (NCPB).
On the first count, Grace Wakhungu was directed to pay a fine of Kshs 100,000, failure to which she’ll face a 1 year imprisonment, same applicable to Count 2. However in Count 3, both Sarapay and Waluke were directed to pay a fine of Kshs 500,000 each or face imprisonment for 3 years if they default, they were also directed to deposit Kshs 500,000 for the Company as the 3rd accused, or face 3 years imprisonment. Magistrate Juma said under Count 3 that since NCPB lost a quantifiable amount, the law stipulates it must be paid for, double the amount and both Wakhungu and Waluke were directed to pay a fine of Kshs 594,175,000 each or face 7 years imprisonment. The same amount was also placed under the 3rd accused.
On Count 4, the pair were directed to pay Kshs 500,000 each or face 3 years imprisonment. Since the complainant lost a quantifiable amount of money under the same count-Kshs 13,364,671.40, the two were directed to pay a fine of Kshs 26,729,342.80, with a default resulting in 7 years imprisonment. The 3rd accused also takes the same fine, with the 1st and 2nd accused ordered to cater for the costs or face a 7 years imprisonment. Under Count 5, Wakhungu and Waluke were directed to pay Kshs 500,000 each or face 3 year imprisonment, with the same terms applicable to the 3rd accused whose charges Waluke and Wakhungu are supposed to cater for. Moreover, under Count 5 Magistrate Juma said NCPB lost a quantifiable amount of USD24,032 and the two are set to pay double the amount, Kshs 4,806,400 each or face 7 years in jail, the same applicable to the 3rd accused.
Further, the accused persons drew benefits that were equally quantifiable under Count 5, according to the magistrate and Wakhungu as the 1st accused was fined Kshs 80,000,000 and Waluke was fined Kshs 100,000,000 each facing 7 years imprisonments incase of defaults. The two were taken to custody after the ruling and have 14 days to lodge an appeal.
Earlier before the ruling, lawyers representing Sirisia MP John Waluke begged the Court to issue a lenient sentence. Led by lawyer Sam Nyaberi, they said the MP has people who are depending on him, including two wives, grandchildren and orphans he is supporting back in Sirisia. He said people of his constituency have a degree of expectation on him.
Nyaberi had also urged the court to grant him a non custodial sentence since he is a father to many people, “The accused person has never been on the wrong side of the law. He is a law abiding citizen… If given a custodial sentence all that crumbles and many will be left destitute,” he said.
Lawyer Cliff Ombeta also called for a lenient sentence for Waluke, saying if he is locked in prison he would have no salary and people who look up to him will be affected. On their part, Grace Wakhungu Sarapay’s defence team had also pointed out that she doesn’t deserve a custodial sentence, and had begged the Court for a lenient sentence. Lawyer Duncan Okubasu said Wakhungu had spent most of her life in public service rising to be the first woman to head a parastatal, “This is not an effort to discard when sentencing her.” He said she is remorseful and regretful, and asked for a non custodial sentencing. He also pointed out that she is ailing and she is asking for time for medication for high blood pressure.