The Director of Public Prosecutions (DPP) has asked the court to dismiss an appeal made by Sirisia Member of Parliament John Waluke over his National Cereals and Produce Board (NCPB) scandal.
Through his statement, the DPP argued that the sentences for the Sirisia lawmaker and businesswoman Grace Wakhungu were lawful and fair.
“The appellants have failed to demonstrate sufficient grounds to warrant the setting aside of the conviction and sentences and thus urges thus court to dismiss the appeal in its entirety,” court papers read.
The prosecution also claimed that the co-accused individuals were given the option of a non-custodial sentence in terms of fine upon consideration of all the circumstances of the case.
“…..the magistrate court took into consideration the appellant mitigation and the fact they were first offenders before sentencing them as well as the totality of the monies amount involved,” the prosecution said.
This came after Waluke and Wakhungu was sentenced to 10 years in prison with an option of paying a fine of Ksh.727 million and Ksh.707 million respectively for defrauding the National Cereals and Produce Board (NCPB) of Ksh.313 million.
Details had revealed that the two are shareholders of Erad Supplies & General Contracts Limited (Erad), the company through which they were supposed to supply 40,000 metric tonnes of maize to NCPB in 2004. They however, obtained Ksh. 313 million without supplying even a single grain of maize.
The tender was later cancelled after Erad Supplies, a company in which the late businessman Jacob Juma was also a director, failed to prove it had sufficient funds to supply the maize.