Sirisia MP John Waluke appeals 67-year jail sentence

Sirisia Member of Parliament John Waluke is back to the corridors of justice in a fresh attempt to overturn a 67-year jailterm which he describes as harsh and unwarranted.

A three-judge bench has already been constituted to hear Waluke's appeal. Judges Asike Makhandia, Sankale ole Kantai and Grace Ngenye will be on the bench on Wednesday to hear the appeal.

Through his lawyer Elisha Zebedee, Waluke wants the Appellate court to determine 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.

In January 2007, Erad Supplies was awarded breach of contract damages at the arbitration stage with National Cereals and Produce Board (NCPB) that was later upheld by the Court of Appeal in July 2014; a matter Waluke wants the three-judge bench to make a determination on.

The MP, in court papers, also wants the judges to determine whether a director of a company in the position he was in, and for whom there is no evidence in record that he was involved in the day-to-day running of the company and was also not involved in the transactions, is criminaly culpable for a transaction that he never participated.

Part of Waluke and Grace Wakhungu's burden at the Industrial Area and Lang’ata Women’s Prison is serving part of the jail term on behalf of Erad Supplies company.

Waluke wants the Court of Appeal to rule whether the High Court and Magistrates Court had the jurisdiction to sentence him to serve the terms on behalf of the company.

He now wants the court to grant him reasonable bail terms pending the hearing and determination of the appeal.

The Sirisia lawmaker says he has never absconded any of the court attendance having been granted bail by the respective magistrate and high courts.

In the court documents, Waluke wants the matter expedited saying if this does not happen, he will miss out Parliamentary sessions that may lead to the loss of his seat.

The Court of Appeal declined to grant Waluke to appear in person during the hearing. He will instead attend the session online from prison.