By Tony Wafula
Sirisia MP John Koyi Waluke and Grace Wakhungu, the mother of Ex- Environment Cabinet Secretary Judy Wakhungu have been found guilty in the Sh297million fraud case.
The two were found guilty of defrauding the National Cereals and Produce Board (NCPB) Sh297 and have been remanded at Kileleshwa Police station awaiting their sentence on June 25.
“The court found that there was fraud and the accused acquired money by false pretences,” stated Elizabeth Juma, a magistrate.
Last month, he also failed an attempt to stop their trial, which was dismissed by Justice Mumbi Ngugi.
“If storage charges were based on a fraudulent document it may well be that no maize had been ordered and the award in respect to the alleged loss of profit may also have been unmerited and therefore a fraudulent acquisition of public funds,” reads part of Justice Mumbi ruling.
The ruling also reads “In the circumstances, this case does not qualify as one of the clear cases in which the court can be satisfied that the prosecution does not have a proper legal and factual foundation to mount a prosecution,”
The case involves Wakhungu, a director of Erad, and MP Walukhe who is accused of uttering a false document.
They were charged over a contract that the company won to supply 40,000 tonnes of maize in 2004.
According to the prosecution, Waluke and Wakhungu fraudulently acquired the money as costs of storage allegedly incurred by Chelsea Freight, loss of profits and interest.
If he is convicted and does not appeal the ruling, he risks losing his Sirisia MP seat.