NCPB Convict John Waluke Blocked From Travel To US
written by Lawyer Alex October 29, 2021
Sirisia MP John Waluke.
Sirisia MP John Waluke has been dealt a blow after the High Court dismissed his application seeking to be allowed to travel outside the country.
Anti-corruption Judge Esther Maina rejected the application saying the legislator is a convict and cannot be allowed to travel outside Kenya.
Walukhe wanted to travel to the United States of America for a parliamentary function.
Waluke and Grace Wakhungu were convicted of fraud involving Sh313 million in shady maize dealings with the National Cereal and Produce Board (NCPB).
The MP in August said he is ready to face his opponents in the 2022 election.
The MP warned his rivals, who were celebrating that he would be jailed for 67 years, that he is now free to battle with them in next year's election.
He said the Ethics and Anti-Corruption Commission has said it cannot stop politicians facing criminal and corruption charges from contesting.
The judiciary has come out to clarify a report regarding a case involving a lady by the name Monica Nyambura Mungai, that was covered by a local television station.
The judiciary through a letter dated October 28, responded to avideo by Kameme tv that has been doing rounds on social media, where a man claimed that his wife was given a one-year jail term for dumping trash in an undesignated area.
The man stated that his wife was serving the one-year jail sentence at Thika prisons because they were unable to pay a fine of Ksh250,000 to secure her release.
He also noted that he is raising their special needs infant as a single parent while working as a mechanic.
However, the judiciary claims that the woman was presented in court on September 28, and was charged with disposing of waste to the environment contrary to the law.
"When the charges were read out to her, she was asked if she understood and she replied in the affirmative. She further agreed and confirmed she had disposed the solid waste as charged" the judiciary report noted.
"The prosecution asked for one day to get the police file for reading of facts. Ms. Mungai had no objection and on September 29, the facts were read out. She confirmed them as correct and pleaded guilty to the charge," the report further read.
The court therefore sentenced her to pay a fine of Ksh250,000 or serve one year imprisonment.
The court clarified that she paid the fine on October 25, at 16:45 and was released immediately.
Also, the judiciary requested the public to be aware of certain aspects when appearing before the court.
"While the court room may be intimidating to some, you should never lose sight of the fact that it is meant to administer justice. Never admit to committing an offence if you did not commit it because your admission is what the court goes by. Instead, even where unrepresented by an advocate, raise your hand and when allowed explain to the Judge or Judicial Officer in layman's language exactly what happened," the judiciary noted.
"The opportunity given to mitigate is your chance to talk about any special circumstances that the court should take into account. In this case while the story in the media says Ms. Mungai was a mother of a young child with special needs, the court was not privy to this information. Ms. Mungai declined to say anything when asked if there were mitigating issues," the report highlighted.
The judiciary took the chance to remind the media to verify any story touching on courts through the Department of Public Affairs and Communication.
"Getting the facts right, as well as getting both sides of a story are requirements and basic tenets of journalism. Such cross-checking also goes a long way in raising the credibility of news and indeed reinforces the standing and authority of a media house," the report noted.
EACCJohn WalukeNCPBSirisia Mp
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