A court on Friday granted the anti-graft agency permission to present new evidence in the case of Sirisia MP John Waluke and Grace Wakhungu, who are defending a fraudulent award worth Sh564 million.
On November 4, 2014, a three-judge bench of the Court of Appeal (Hannah Okwengu, John Mativo, and Weldon Korir) issued the significant ruling in an application filed by the Ethics and Anti-Corruption Commission.
The judges allowed EACC to present new evidence in an appeal filed by the National Cereals and Produce Board (NCPB) against Erad Supplies and General Contractors, whose directors are Waluke and Wakhungu, in 2012.
Essentially, this is the evidence used to convict Waluke and Wakhungu, but it was never filed in the separate ongoing civil case at the High Court and now at the Court of Appeal.
Since 2012, the civil case has been pending in the Court of Appeal.
In this case, NCPB and EACC seek to vacate an arbitral award of Sh564 million made to Erad Supplies Limited and later confirmed by the High Court requiring NCPB to pay Erad Supplies' fraudulent claims.
Waluke and Wakhungu were found guilty of using Erad Supplies to defraud the government in a botched tender to supply maize to NCPB.
In its application to the Court of Appeal, EACC stated that the evidence was not available when the High Court heard the case and upheld a Sh564 million award in favor of Erad Supplies and its directors to the detriment of taxpayers.
In the 2012 civil appeal, NCPB and EACC argue that the arbitral award, pursuant to which Erad Supplies auctioned NCPB assets and received a payment of more than Sh297 million, was obtained fraudulently using forged documents.
The Magistrate's Court that convicted the two ordered that they repay the money to NCPB, but this is part of what Waluke has appealed in the criminal case.
Content created and supplied by: Jobcentre (via Opera News )
Opera News is a free to use platform and the views and opinions expressed herein are solely those of the author and do not represent, reflect or express the views of Opera News. Any/all written content and images displayed are provided by the blogger/author, appear herein as submitted by the blogger/author and are unedited by Opera News. Opera News does not consent to nor does it condone the posting of any content that violates the rights (including the copyrights) of any third party, nor content that may malign, inter alia, any religion, ethnic group, organization, gender, company, or individual. Opera News furthermore does not condone the use of our platform for the purposes encouraging/endorsing hate speech, violation of human rights and/or utterances of a defamatory nature. If the content contained herein violates any of your rights, including those of copyright, and/or violates any the above mentioned factors, you are requested to immediately notify us using via the following email address operanews-external(at)opera.com and/or report the article using the available reporting functionality built into our Platform See More