Convicted MP out on Bail

The Court of Appeal has granted the Sirisia MP John Waluke a Sh10 million cash bail until his appeal against the 67-year jail term he was given for a Sh297 million fraud is heard and decided.

Even though Waluke claimed the government owed him Sh300 million as a result of a 2004 maize supply contract that authorities allege was fraudulent.

A three-judge bench that included Justices Asike Makhandia, Grace Ngenye, and Sankale ole Kantai decided the MP's imprisonment might result in the loss of his parliamentary seat and call for a by-election.

"Once [Waluke] does not attend eight consecutive sittings, then he will automatically lose his seat. On that ground, we find the application for bail has merit and is allowed,” said Judge Ngenye, who read the ruling.

The judges also offered him the chance to post a bail in the amount of Sh20 million. The bail conditions are the same as those that the High Court had set.

“Assuming he is heard on appeal and he succeeds, he will not be able to capture his seat on account a by-election will have been conducted and [if he stays] in jail, he will not be eligible to stand as an MP. This will be prejudicial to him and his Sirisia people who elected him when [he was] out on bail,” the court added.

It went on: “In our view, we think that this presents unusual circumstances that could warrant considering this application to his favour."