ANTI CORRUPTION COURT IN KENYA JAIL AN MP SEALING HIS POLITICAL FUTURE FOREVER

ANTI CORRUPTION COURT IN KENYA JAIL AN MP SEALING HIS POLITICAL FUTURE FOREVER

By Chris Ojow

Article 75 of 2010 new Constitution of the

Republic of Kenya, in clause 1 roman a, b, c and

clause 2 : states that, any conflict between

personal interest and public interest or official

duties, compromising any public or official

interest in favour of a personal interest, the

officer appointed or elected shall be removed

from the office and shall not hold any state

office in future.

It’s a celebration in the entire Country, Kenya, as

Nairobi’s Senior Principal Magistrate Anti

Corruption Court Elizabeth Juma, made history

in a historic Judgment and sentencing in line to

the ongoing Graft war being steered by the

Country head Head of State Uhuru Muigai

Kenyatta and setting an example which will

forever be remembered years to come.

The Trial Senior Principal Magistrate Anti

Corruption Court sentenced the two convicts,

elected Sirisia Member of Parliament Rt. Major

John Walukhe and Former Civil Servant Grace

Sarapay Wakhungu to several years

imprisonment and each to pay a fine of over 0.7

billion Kenya shillings to purchase their

freedom.

Chapter six of the Constitution of Kenya on

integrity, once a Citizen has been convicted he

or she cannot view for any public office or being

appointed to head a Government Institution or

even being appointed to be the Chairman of a

village cattle dip.

As in Bungoma County Kenya residents of

Sirisia Constituency should prepare for a by-

election after their elected member of

Parliament who played a major role in restoring

the Government of Former President Moi after

failed coup attempt in 1982, Major rt. John

Walukhe’s political future was shattered by the

Anti Corruption Court during the sentencing

after being found guilty of defrauding the State

agency more than 300 million Kenya shillings.

The two inmates Grace Sarapay Wakhungu the

Mother of former Cabinet Secretary Judy

Wakhungu and Member of Parliament Major Rt.

John Walukhe with two wife’s, six Children and

grand children who were represented by a

battery of Officers of the Court led by Evans

Ondieki, Sam Nyaberi, Danstan Omari, Cliff

Ombeta for the second convict Walukhe and

Mr. Okubasu for the first convict Grace.

Representing the State Prosecution was led by

Veteran Alexander Muteti, Mercy Gateru and

Riungu, while Officer Ben Murei introduced

himself before the trial court for the

Complainant the National Cereal Produce

Board (NCPB).

In the year 2004 the two convicts were to

supply 40,000 metric tonnes of white maize to

NCPB but ended up pocketing over three

hundred million Kenya shillings without

supplying grains as they promised through

documents, on behalf of their company which

was also fined twice and the two Grace and

Walukhe will have to pay or pay for penalty by

addition of more sentence , since a company

cannot be jailed.

The trial Court passed the sentence as

prescribed within the Anti Corruption act after

the Senior Principal Magistrate Elizabeth Juma

found the first accused 79 year old Grace

Sarapay Wakhungu guilty in all five counts and

59 year old John Walukhe guilty in three counts,

where they were charged with five counts and

freed on bond, but during the Judgment the

status of the accused changed to convicts after

being found guilty.

Its a big win for the Director of Criminal

Investigation (DCI), the Director of Public

Prosecution (DPP), the EACC and the Country

Head of State who has been calling for the

Citizens to help him crash the Graft monster in

the Country.

And in Article 99 of the Constitution of Kenya

clause 2 roman g, If an elected member of the

Country National Assembly is jailed for more

than six months or fails to attend more than

eight house sittings, the honorable member

loses her or his seat.

The two convicts has fourteen days to appeal

against the sentence and failure to pay the full

amount of fines imposed by the trial court,

Senior Principal Magistrate will write to the

Speaker of the National Assembly to declare

the Sirisia Parliamentary seat as vacant setting

the stage for a by-election in a hotly politically

charged region of Bungoma County.