Waluke's Two Lawyers Clash in Court Forcing Judge to Adjourn Bail Hearing

  • Sirisia MP john Waluke in court in June 2020
    Sirisia MP John Waluke in court during proceedings of a Ksh 300 million maize scandal case back in June 2020.
    File
  • Sirisia MP John Waluke's bail hearing was adjourned to Monday, August 17, after his two lawyers clashed in court over who was better placed to represent him.

    Waluke, who was sentenced to 67 years in jail for stealing Ksh 300 million taxpayers money through a maize scandal, followed the cases virtually from Industrial Area Prison on Thursday, August 12.

    His lawyers, Elijah Ongoya and Evans Ondieki, differed on who the MP had directed to argue the bail hearing in court.

    “I was appointed by Waluke himself. That is why I have put a short supplementary submission through more documents to Director of Public Prosecutions Noordin Haji,” Ondieki stated while appearing before Justice John Onyiego.

    Sirisia MP John Waluke and his co-accused Grace Sarapy Wakhungu appear in court.
    Sirisia MP John Waluke and his co-accused Grace Sarapy Wakhungu appear in court in June 2020
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    His colleague, Ongoya argued that he was not aware of the new documents tabled before DPP, adding that Waluke directed him to argue the MP's case too.

    Ongoya asked the court to disregard the new documents furnished by lawyer Ondieki. The attorney added that Waluke was in a position that did not call for more frustrations of the case.

    "I am embarrassed at the development because I had strict instructions to represent Waluke. He is keen to have the court hear and determine the application,” Ongoya stated.

    Ondieki's efforts to represent Waluke backfired after the court was informed that Waluke was to be represented by Ongoya and another attorney, Sam Nyaberi. 

    The judge did not listen to either party and threw them out of court to sort their confusion.

    Earlier on, Haji had argued against offering Waluke bail despite the MP lamenting that he was poised to lose his parliamentary seat.

    "The seat is a State Office and not the applicant's personal entitlement, as such no irreparable damage will be occasioned upon the applicant by the loss of the said seat," Haji argued. 

    While speaking with Kenyans.co.ke on Tuesday, August 11, Haji detailed that he would oppose any application to release Waluke and his co-accused Grace Wakhungu. The duo also managed to raise over Ksh 1 billion fine to secure their release which Haji stated was subject to scrutinization. 

    "We can only scrutinise after the court has approved the fines. The court has already denied them bail and the only thing remaining is the reduction of their sentences which we shall oppose that," Haji added. 

    Director of Public Prosecutions Noordin Haji addresses the media on Thursday, March 5, 2020.
    Director of Public Prosecutions Noordin Haji addresses the media on Thursday, March 5, 2020.
    Simon Kiragu
    KENYANS.CO.KE