The High Court has allowed corruption convict Grace Wakhungu to see her personal doctor at Lang’ata Women’s Prison pending her bail hearing in a Sh297 million case.
Justice John Onyiego granted Senior Counsel Paul Muite’s request for the 80-year-old to be visited by doctor Martin Wanyoike since her health has deteriorated in prison.
Ms Wakhungu was convicted alongside Sirisia MP John Waluke in the Sh297 million maize scandal at the National Cereals and Produce Board (NCPB).
She is serving a 39-year sentence while the MP is serving a 34-year sentence as they were unable to raise a combined fine in excess of Sh2 billion.
The lawyers noted that their clients’ health deteriorated in prison as they had pre-existing medical conditions.
“Let us not run the danger of her [her death] at Lang’ata prison,” he said.
The court granted his request but said the doctor should visit her at the correctional facility and in consultation with the officer in-charge of medical matters there.
In the case of the Sirisia MP, who is at the Nairobi Remand prison, lawyer Elijah Ongoya said he was suffering health hazards and needed reasonable social distancing.
He produced medical documents from the facility to support his argument that the lawmaker needed to be released on bail pending an appeal.
The judge further heard that the Anti-Corruption Court rushed in sentencing Mr Waluke and Ms Wakhungu and forgot to clarify whether jail terms for various offences were to run concurrently or consecutively.
The sentences were unsafe, the lawyers also said, and noted that the convicts were condemned on duplicity of charges which were not proven beyond reasonable doubt, as required in criminal law, because the trial court was under pressure.
Mr Muite and Mr Ongoya further attacked the magistrate’s court’s judgment, saying it allocated itself the powers of a Superior Court, “which is not a trivial issue in the legal practice”.
“The money the two convicts were accused of fraudulently receiving from the NCPB was paid pursuant to an arbitration order and High Court’s decree, which has not been set aside to date,” stated Mr Muite.
He explained that the State failed to appeal against the High Court’s decision to compel the NCPB to pay Sh313 million.
The five-member legal team, led by Mr Muite and Mr Ongoya, also said its appeal had overwhelming chances of success and that Mr Waluke and Ms Wakhungu were not flight risks.
“The MP cannot lose the (parliamentary) seat on account of conviction until the last opportunity of appeal is exhausted, but he may lose the seat on missing eight consecutive sittings.”
State Counsel Alexander Muteti opposed the bail application, saying the appeal had minimal chances of success.
Mr Muteti told the court that the convicts’ trading company, Erad General Suppliers, had not appealed against the lower court’s judgment.
“The judgment was that if the company does not meet the fine, the accused persons would pay on its behalf. Failure by the company to appeal deals a fatal blow to the two appeals and the bail applications,” said Mr Muteti.
He observed that even if Mr Waluke and Ms Wakhungu were granted bail, they would remain in custody until they paid for their trading firm as it was also ordered to part with a fine.
On the contention that the trial court erred by failing to clarify whether the sentences were to run consecutively or concurrently, Mr Muteti said that was at the magistrate’s discretion.
He added that the validity of the maize supply tender was not disputed but the cardinal question was what the convicts were being paid for since there was no importation.
