Nairobi News

The High Court has declined to issue Sirisia MP John Waluke with his passport to allow him to travel to the USA.

The legislator had moved to court seeking the release of his passport to allow him to travel for a Parliamentary function.

Justice Esther Maina dismissed the MP’s request, saying Waluke is a convict and cannot be allowed to travel outside the country.

She further noted that Waluke’s passport will remain under the court’s custody as directed in his bail directives.

Director of Public Prosecutions (DPP) through senior principal prosecution counsel Caroline Kimiri opposed the application, saying Waluke is no longer presumed innocent as he is now a convict whose conviction and sentence have not been set aside on appeal.

“The Applicant was convicted of serious economic crimes and the sentence meted out has not been set aside on appeal and this poses him as a serious flight risk should he be allowed to leave the jurisdiction of this Honourable Court,” she argued.

In September 2020, while being released, the court directed Waluke and his co-accused Grace Wakhungu to deposit their passports with the court, and request permission from the court before leaving the country.

The MP was charged alongside Grace Wakhungu and Erad Suppliers Ltd, where they were found to be the co-directors of the company.

The MP was found guilty in the Sh. 297million maize fraud case that dates back to August 2004 when Erad Supplies and General Contractors Ltd was awarded a Sh778 million tender to supply 40,000 tonnes of maize.

According to the prosecution, the duo fraudulently acquired the money as costs of storage purportedly incurred by Chelsea Freight, loss of profits and interest.

Waluke was sentenced to 10 years in prison or pay a fine of Sh.727 million for defrauding the National Cereals and Produce Board (NCPB).

He has appealed the ruling.