BY SAM ALFAN.
High Court has decline to stop corruption proceedings against Sirisia Member of Parliament John Waluke and his co-director.
Justice Hedwig Ong’undi decline to issue exparte orders to stopping the case against the MP, Grace Serapy Wakhungu and Erad Suppliers & General Contracts Limited before the trial court.
“I have considered the application and decline to grant any ex parties orders for the reason that the petitioner had all the time to file this application but choose to file it today when the hearing is before trial court commencing on 21 of January ,2019,” ruled Judge Ong’undi.
They moved to the court under certificate of urgency seeking orders to prohibit the commencement of the hearing of the proceedings before a Nairobi Anti-Corruption Court where they are facing several corruption related charges.
“Pending hearing and determination of the petition , a conservatory order be and issued prohibiting the respondent (EACC and DPP) from commencing the hearing of the proceedings before Anti-Corruption Court,” said Waluke in the court papers.
They instituted proceedings in the high court to declare unconstitutional , quash and prohibit their prosecution before the trial court.
They claim that they will be prejudiced if the hearing of the Anti-Corruption case against Grace Sarapay Wakhungu, John Koyi Waluke and Erad Supplies and General Contracts Limited commences on 21 of January 2019 continues and determined before the determination of their constitutional challenge to the charges as set out in the petition. Both are directors of Erad Supplies & General Contracts Limited.
They further avers that the court has power to determine this petitioner and remedy the respondents denial , violation or infringement of their rights as set out and in the meantime issue a conservatory order prohibiting the commencement of the proceeding with the prosecution against.
Through their lawyer they argued that, on 2 of August last year the two directors Grace Sarapy Wakhungu ,John Koyi Waluke and Erad Supplies and General Contracts Limited upon complaint by National Cereals and Produce Board , EACC and DPP recommended the three to be charged with five counts.
They were charged with uttering a false document to an an arbitrator being invoice number 12215-CF -ERAD for US$ 1,146,000,00 as evidence in an arbitration between the National Cereals and Produce Board and Erad Supplies and General Contracts Limited .
They are also charged with perjury for giving false evidence for claim for cosr of storage of 40,000 metric tons if white maize, fraudulent acquisition of public property being Kshs 297,386,505,00 paid by the National Cereals and Produce Board on March 19 ,2013 in execution of arbitral award published by the arbitrator on 7 of July ,2009 and and the judgment and decree issued by the high court on 17 February, 2012.
The are also accused of fraudulent acquisition of public property being Ksh. 13,364,671,40 and fraudulent acquisition of US$. 24,032,00 paid by National Cereals and Produce Board to Erad Supplies and General Contracts Limited .
The two accused and the company claim that the criminal case against them relates to a contractual commercial relationship between the National Cereals and Produce Board to Erad Supplies and General Contracts Limited.
They alleged a dispute arising was determined by against the board and in favour of Erad Supplies and General Contracts Limited in arbitration before the high court and the court of appeal and the sums the petitioners are alleged to have received fraudulently paid in execution of the arbitral award judgment and decree.
Waluke denied the allegations and out on a personal bond of Ksh.5 million, a surety bond of Ksh.3 million and cash bail of Ksh.2 million pending hearing and determination of the corruption case.
