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The Court of Appeal has overturned the High Court ruling that convicted Sirisia MP John Waluke to 67 years in prison or a Sh1 billion fine.
The decision brings a dramatic twist to a case that has captured national attention due to its scale and the stature of those involved.
John Waluke was convicted in June 2020, alongside businesswoman Grace Wakhungu, for their involvement in a multi-billion shilling maize importation scandal.
The two were found guilty of defrauding the National Cereals and Produce Board (NCPB) of Sh297 million in 2004 through a contract to supply maize that was never delivered.
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The initial ruling by the High Court sentenced Waluke to 67 years in prison or to pay a hefty fine of Sh1 billion, which at the time was one of the largest fines ever imposed on a politician in Kenya’s history.
Wakhungu was similarly fined Sh1 billion or serve a 69-year prison term.
Waluke and Wakhungu's appeal has been ongoing for years, with the defense arguing that there was insufficient evidence to sustain the convictions and that due process had not been followed during their trial.
In her ruling, High Court judge Justice Maina highlighted that Waluke and his co-accused were found guilty of fraudulently acquiring public funds through forged invoices.
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The court noted that Waluke presented a fraudulent invoice to an arbitrator, knowing that his company, Erad Supplies and General Contractors Limited, had no legitimate dealings with the entity listed on the invoice .
The judge pointed out that this fraudulent claim led to significant financial losses for a public body.