The Directorate of Public Prosecution (DPP) has moved to the Court of Appeal to challenge the High Court decision to release graft convicts MP John Waluke and Grace Wakhungu on bond.
According to an appeal filed, the DPP indicates that they are unsatisfied with the decision by Justice John Onyiego on September 30.
“Take notice that the DPP, being dissatisfied with the decision of the High Court intends to appeal to the Court of Appeal against the decision in which the court released each of the appellants on bail pending their appeal,” reads the notice.
Sirisia MP John Walukhe was released on Sh10 million cash bail after being convicted of Sh313 million fraud involving the National Cereals and Produce Board.
On the other hand, his business partner, Grace Wakhungu had been freed on Sh20 million cash bail pending the hearing and determination of their appeal.
They were also barred from leaving the country until the appeal is heard and determined.
“I’m persuaded that applicants (Waluke and Wakhungu) have an arguable appeal,” justice Onyiego said.
Walukhe argued that being jailed could lead to him losing his Parliamentary seat, to which the judge said that the law does not provide special treatment. On matters, his age, Justice Onyiego said he (Walukhe) was still active.
“I’m not convinced that Waluke being aged 59 is sufficient grounds to grant bail. At age 59 he is an active person in my view,” he said.
The lawmaker who had initially been handed a 67-year jail sentence also sought bail on grounds that he was diabetic.
But according to the judge, the evidence did not show that the prison system did not have the capacity to handle the illness.
In Wakhungu’s case, Justice Onyiego said that she really was elderly.
“There is no dispute she is aged 80 and going with Covid-19 guidelines, her age is an exceptional circumstance to grant her bail,” he said.