The Member of Parliament lost an appeal in the Highcourt that he had lodged, following the decision of a magistrate’s court thatplaced a hefty sentence on him and his business partner, Grace Wakhungu.
The Anti-CorruptionCourt found the Member of Parliament guilty of defrauding the National Cerealsand Produce Board (NCPB) of Ksh 297 Million. Dissatisfied with that decision,the duo appealed the decision that was upheld by the High court.
The learned judge Justice Esther Maina, whiledismissing the appeal stated that the sentences imposed by the lower court werewell within the law and not excessive. She further stated that the prosecution,before the trial magistrate had proved their case beyond a reasonable doubtwhich is the requisite standard of proof for such matters.
The lawmaker has however surrendered himself to theMilimani Law Courts on Friday afternoon following the decision rendered,upholding his 67-year jail term or a Ksh 1 billion fine.
He was later detainedin the court cells awaiting transfer to prison. He has however indicated throughhis lawyers that they intend to appeal the decision to the Court of Appeal. Thecourt gave 14 days as the timeline for the same.
Should hefail to appeal the decision, and then he will automatically lose hisparliamentary seat under the provisions under Articles 99, 103, and Chapter6 of the Constitution on leadership and leadership and integrity.
In the event, the lawmaker appeals and exhausts all the avenues available without recourseto him, the parliamentary seat will be declared vacant by the Speaker of theNational Assembly.
The voters in Sirisia Constituency will then proceedto elect a new member of parliament once an election is organized andconducted by the Independent Electoral and Boundaries Commission.