Sirisia Member of Parliament John Waluke is expected to pay a Sh1 billion fine or serve 67 years in jail after the High Court dismissed his appeal against his conviction in a fraud case.

In a decision issued on Monday, the court sitting in Nairobi ruled that the prosecution had proven its corruption case against Waluke and his business partner Grace Wakhungu.

Justice Esther Maina said prosecution had proven its case against him beyond any reasonable doubt and that the sentence was not excessive as it was permitted by the law.

In June 2020, magistrate Elizabeth Juma found Waluke and Wakhungu guilty of defrauding the National Cereals and Produce Board (NCPB) of Sh297 million in payment for maize not delivered.

Prosecution told the court the two and their firm, Erad Supplies & General Contractors, got over Sh313 million from NCPB in an alleged botched tender to supply 40,000 metric tonnes to the government in 2004.

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He then challenged his conviction arguing that there were inconsistencies in the charge sheet and the court was not independent in reaching the guilty verdict against him.

The MP, in his appeal, had claimed that key witnesses were not called to testify at the Anti-Corruption court and that his conviction and sentencing by the court was more political.

Waluke had been handed a 67-year jail sentence with a Sh1 billion fine option while Wakhungu was sentenced to 69 years in prison with an option of paying a Sh1 billion fine.


Waluke was re-elected for a third parliamentary term in the August 9 general election on a Jubilee Party ticket after joining the National Assembly on an ODM ticket in the 2013 poll.

The Jubilee lawmaker has a window to challenge the High Court decision at the Court of Appeal within 14 days, failure to which he will automatically lose his parliamentary seat

The Constitution stipulates that a Member of Parliament will lose his elective seat if he or she is jailed for more than six months.