Raila now wants Sirisia MP John Waluke released, Ksh.297M fraud case dismissed

Speaking on Monday at a burial in Mumias, Odinga wondered why other individuals in government are having their cases dropped yet Waluke is left behind bars.

"Now another issue. People who are charged with murder are forgiven and approved to be cabinet secretaries. Others with multi-billion corruption cases are being left to go free. On the other hand, our people are being persecuted. Sirisia MP Waluke's case is a civil matter,"said Odinga.

The Azimio leader claimed it is unfair to have Waluke, at his age, slapped with such a hefty penalty for a civil case.

"He (Waluke) has been sentenced to 67 years in prison yet he is already over 60 years old. It is like jailing me for 50 years. you're letting the likes of Linturi, Gachagua and the other lady free and then jailing Waluke. Is that fair? We want Waluke to be granted bond and then have the case dismissed," said Odinga.

Last week, Waluke filed an appeal at the High Court to challenge the 67-year jail term which he describes as harsh and unwarranted.

A three-judge bench comprising Judges Asike Makhandia, Sankale ole Kantai and Grace Ngenye has already been constituted to hear Waluke's appeal. 

Waluke wants the Appellate court to determine whether payment of monies made pursuant to court proceedings arising from an arbitral award and payment made pursuant to a garnishee order can sustain a criminal charge and conviction.

In January 2007, Erad Supplies was awarded breach of contract damages at the arbitration stage with National Cereals and Produce Board (NCPB) which was later upheld by the Court of Appeal in July 2014; a matter Waluke wants the three-judge bench to make a determination on.

The MP, in court papers, also wants the judges to determine whether a director of a company in the position he was in, and for whom there is no evidence in the record that he was involved in the day-to-day running of the company and was also not involved in the transactions, is criminally culpable for a transaction that he never participated.