WAKHUNGU PLEADS TO BE RELEASED ON BOND CITING ILL HEALTH.

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BY SAM ALFAN.

79-year-old Grace Wakgungu who was jailed last month for stealing Sh313 million from a state agency has sought to be released on bond, pending hearing and determination of her appeal.

Through veteran lawyer Paul Muite, Wakhungu also wants the court to direct the officer in charge of Lang’ata Women Prison requiring a government geriatric and psychiatrist to examine her and file a report on her physical and mental health.

“If the appellant’s condition is not professionally assessed and the appellant be released on bond during the pendency of the appeal, her physical and mental health stand a risk of permanent deteriorating which cannot be remedied by any relief,” Muite told the court.

Justice John Onyiego certified the application urgent and directed him to serve the DPP within five days.

Muite SC told the court that the appeal has overwhelming chances of success for the reasons that the trial court convicted Wakhungu without finding guilt on her part.

“There is an apparent absence of proof of the prosecution’s case on all counts beyond reasonable doubt and burden of proof was shifted from the prosecution to the accused persons in the criminal trial,” Muite submitted.

Wakhungu adds that the trial court imposed an unlawful or harsh sentence guided by extraneous considerations.

In the appeal, she argues that the trial Magistrate Elizabeth Juma convicted her in inspite of failure of a material witnesses testifying. This was after the court disallowed an application by the Director of Public Prosecution to bring an extra-witnesses to rebut the defense.

“The conviction and sentencing of the appellant for an offence of uttering was made in the absence of evidence of a forensic document examiner. In a case where it was claimed that an invoice had been uttered and she was punished for an offense for which the third accused has been punished amounting to double jeopardy,” added Wakhungu.

Muite told the court that due to the medical conditions of 79 year old Wakhungu, there is likelihood that she has not been in a proper mental state, let alone the physical one and may have been unable to stand trial and understand the nature and consequences of the proceedings as contemplated.

Muite further stated that during the trial, Wakhungu displayed traits such as difficulty in concentrating, anxiety, long-lasting sadness and other signs of inferior mental health.

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