24 May, 2020

It is almost three weeks since Sirisia MP and his accomplice Grace Sarapy Wakhungu were ordered to pay Sh2.06 billion in fines or serve 60 plus years in prison, for stealing Sh313 million from a State agency.

The two are yet to raise the amount and efforts by Mr Waluke’s wife to come up with a paybill number, seeking assistance from well-wishers failed almost immediately.

There were claims that the family of Ms Wakhungu was planning to raise the amount, but they too are yet to secure her release highlighting the high cost that corruptions suspects face upon conviction.

Slapping of the duo with the hefty fines sent shockwaves across the country and agencies involved in administration of justice are hoping to capitalise on the duo’s judgement to deliver more wins in the fight against corruption.

They argue the law is clear on the cost of graft and the guilty will get what’s coming their way as the Judiciary speeds up hearing of cases.

ection 48 (2)(b) of the Anti-Corruption and Economic Crimes Act (ACECA) imposes a mandatory fine, which is twice the amount the convicted persons benefited from.

It reads: “If the conduct that constituted the offence resulted in both a benefit and loss described in subsection (1)(b), the mandatory fine shall be equal to two times the sum of the amount of the benefit and the amount of the loss.”

Speaking to the Business Daily, Director of Public Prosecutions (DPP) Noordin Haji said it will not be easy for persons convicted on corruption cases to secure their release. If they think their deep-pocketed friends will quickly come to their rescue, Mr Haji said they are mistaken.

“We are taking a step further of tracking down the source of funds they would want to use to settle their court fines. We will not entertain the corrupt bailing out their colleagues,” he said.

Mr Joseph Riungu, an assistant DPP said the Wakhungu-Waluke judgment and their sentencing demonstrate the seriousness of the fight against corruption.

“The Office of Director of Public Prosecutions (ODPP) shall not relent to passionately prosecute and see the same standards of fines and penalties are meted in anti-corruption cases that are ongoing,” he added.

So far, Ms Wakhungu has found life behind bars unbearable. She has pleaded with the High Court to be released on bond pending the hearing and determination of her appeal.

In an application filed through Senior Counsel Paul Muite, Ms Wakhungu said she is 79 years old, sickly and undergoing treatment for hypertension.

Mr Muite further said because of her age and her underlying sickness, there is a likelihood that she has not been in proper mental state and that she may have been unable to stand trial and understand the nature and consequences of the proceedings as contemplated.

During the trial, he added, Ms Wakhungu allegedly displayed traits such as difficulty in concentrating, anxiety, long-lasting sadness and other signs of inferior mental health.

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