The court of Appeal has overturned the High Court’s decision to jail Sirisia MP John Waluke 67 years over graft charges. Off the hook is also his partner Grace Wakhungu who was sentenced to 69 years in jail.

“We are satisfied that the appellants have made a case to warrant us to allow their appeal. Their conviction and sentence are set aside. The appellants shall immediately be set free unless otherwise lawfully held,” the court of appeal ruled.

According to the court of Appeal judges, the High Court failed to re-evaluate evidence that was used during their trial.

“A proper re-evaluation of the evidence would have revealed that there was no evidence that Waluke received money in all the charges relating to the acquisition of public property since the money had only been deposited with the advocates of the company,” the judges said.

The duo were convicted and sentenced to jail in 2020 by Judge Elizabeth Juma They had an alternative of paying Kshs1 billion fine each. Following the ruling, they moved to the High Court to file an appeal but Justice Esther Maina upheld their conviction, saying their sentences were not excessive but within the law, in October 2022.

In her ruling, Justice Maina said that Waluke would serve as an example for those pursue personal interests through corruption at the expense of Kenyans.

“The offences are serious and the accused persons took advantage of a dire situation where Kenyans were faced with hunger and maize was required to save Kenyans from starvation. It, therefore, calls for a deterrence sentence,” said Justice Maina.

Waluke and Wakhungu were accused of defrauding the National Cereals and Produce Board Kshs313 million as directors of Erad supplies.