During the virtual session, Justice John Onyiego ruled that Waluke has seven days to amend the petition and introduce the changes he desires.
Justice Onyiego also directed that Waluke’s appeal be heard together with that of his co-accused Grace Wakhungu.
The hearing of the appeal is scheduled to start on December 9 with a mention slated for November 16. The mention will be done at a physical open court.
Waluke and Wakhungu were released in September on Ksh20 million and Ksh30 million bond respectively, after spending over two months in prison.
The corruption court had imprisoned the two convicts after they were found guilty of defrauding National Cereals and Produce Board (NCPB) Ksh297 million.
The two were fined an accumulative sum of Ksh2 billion.
Both Waluke and Wakhungu want their conviction dismissed arguing that the Ksh297 million paid to them by NCPB was legal and not out of fraud as claimed by the prosecution.
“The money the two convicts were accused of fraudulently receiving from the NCPB was paid pursuant to an Arbitration Order and High Court’s decree which has not been set aside to date,†says Senior Counsel Paul Muite in the appeal.
They also claim that the Ethics and Anti-Corruption Commission (EACC) bribed witnesses to secure the conviction.
Source: KENYAGIST.COM
