The fate of Sirisia Member of Parliament (MP) John Waluke hangs in the balance after the High Court dismissed his appeal.
In the order issued by High Court Judge Esther Maina on Thursday, October 6th, Waluke’s appeal contesting a ruling where he was sentenced over a Sh.297 million scandal.
The scandal involved the National Cereals and Produce Board (NCPB).
Court order
The court ordered him to pay Ksh1 billion or spend 67 years in jail.
Should the MP fail to pay the fine, he will lose his seat and a subsequent by-election will be held to replace him.
According to Article 99 (2) (g) of the Constitution, a lawmaker is liable to lose the seat if he or she is subjected to imprisonment of at least six months.
This however applies if the MP in question has exhausted all forms of the possibility of appeal or review of the respective sentence.
Waluke’s plea
The MP who is serving his third term is in his third term challenged his conviction, claiming it was based on an incorrect charge sheet.
He claimed that critical witnesses were never called to testify in the two-year-old case.
He also claimed that the anti-corruption court failed the impartiality and independence test, claiming that politics played a role in the conviction and sentencing.