The hearing for the bail application by Sirisia MP John Waluke and his counterpart Grace Wakhungu has aborted for the second time.
According to Nation, Justice John Onyiego indicated that he was unable to get the case file at the Milimani Law Courts since it is closed for the fumigation exercise scheduled for today and tomorrow.
The judge told the lawyers representing the convicts as well as State counsels that he was not in possession of any documents that were filed for the bail application hearing.
Ultimately, his assistant and the judiciary ICT team were also unable to get any form of the electronic file relating to the case.
“The chief registrar told me the courts will be fumigated for two days and nobody is supposed to be there. The ICT team was also unable to get the electronic file,” he said.
The hearing was being done virtually with Waluke and Wakhungu following through from prison.
The case was adjourned to Monday noon.
Sirisia MP was found guilty on Monday, June 22, 2020, in Sh313 million NCPB fraud case alongside Grace Sarapay Wakhungu who will be required to pay a Sh700 million fine or serve a similar sentence, and Erad Supplies & General Contracts Limited (Erad); a company where the two are shareholders.
He was sentenced to 67 years in jail while Ms Wakhungu, mother to former cabinet secretary Judy Wakhungu, was sentenced to 69 years in jail.
In new account of events earlier this week, the Ethics and Anti-Corruption Commission (EACC) is accused of bribing a South African witness in the case where Waluke and Grace Wakhungu were convicted.
In their appeal, the two say that EACC bribed Mr Leon Maynard, a director at Chelsea Freight, to testify in the case entailing fraudulent maize dealings.
In his testimony, Mr Maynard says that EACC paid his air ticket from and back to South Africa, accommodation and also a stipend and gave him security.
In appeal documents, Waluke and Wakhungu say that EACC did not reveal the payments during the trial, pointing out to a possible bribe to the witness to fix them.
“The only witness from the said Chelsea Freight Company was paid by the EACC to testify against the accused. Over and above the travel and accommodation expenses, the witness admitted to have been paid a stipend who amount we do not know and had enough motive to fix the appellants,” the application stated.