DPP opposes Waluke, Wakhungu bonds pending jail appeals
The Director of Public Prosecutions (DPP) Noordin Haji has opposed the application for bond pending appeal by Sirisia MP John Waluke and his co-convict Grace Wakhungu.
In his response, the DPP through principal prosecution counsel Rubya Okoth argued that the convicts have not raised any serious grounds to warrant the grant of bond or bail pending appeal.
He says the decision of the trial magistrate was arrived at based on evidence proved beyond reasonable doubt.
“The sentence meted out by learned trial magistrate is lawful, just, sufficient, punitive and in compliance with the express provisions of section 48(1)(a) and section 48(2)(a) of the Anti-Corruption and Economics Crime Act, 2003,” said the DPP.
He observed that the sentences imposed by the learned trial magistrate took into account the lengthy mitigation by the applicants, which included issues relating to their age and health.
“The Waluke and Wakhungu intended Appeal has no chance of success,” he said in response.
The DPP says that Waluke admitted the following critical facts that constituted key element in proving the offences for which he was charged.
He said Waluke on his own admission confirmed that he was a director of the company at the centre of the case.
Haji says that Waluke has failed to prove that he suffers from a health condition that cannot be treated in the prison health facilities or government referral hospitals where prisoners are taken for more serious convictions.
He said that the applicant has not demonstrated that any legal and jurisprudential principles of criminal law was violated.