Renowned Criminal Lawyer Cliff Ombeta caught the attention of many Kenyans on Thursday, June 25 when he made a passionate appeal to the presiding Judge in defence of Sirisia MP John Waluke in court.
Alongside Grace Wakhungu, Waluke had been found guilty of fraudulently receiving more than Ksh300 million from a state agency; the National Cereals and Produce Board (NCPB).
Delivering his closing statements, Ombeta made a passionate appeal to Chief Magistrate Elizabeth Juma to deliver the most lenient sentence possible.
He claimed that Waluke was a broken man and sorry for his actions, asking the judge to consider what would happen to his family if he was locked up.
Ombeta told the judge that Waluke still had some dignity to maintain as a Member of Parliament, asking her to consider his contribution to society.
"The conviction has deflated Waluke. Confidence is no longer there. He is a broken man. He has accepted the findings but wants to plead with you to exercise your mercy.
"He has regretted that these events came to pass. Look at him with mercy. He can be a better person today. If you side with us, then you will understand that he needs leniency. Please your honour," Ombeta appealed.
The lawyer asked for Waluke to be handed a non-custodial sentence, arguing that many people he helped would be in trouble if he was locked up.
He further noted that the MP had dedicated years of service to the Kenyan military, noting that it took a lot for him to rise through the ranks.
"He (John Waluke) still has some dignity to maintain as a result of being an MP. He has not been arrested for any offence, he is clean until this incidence. Because of what he has done for this society, for being in the army, please consider him," Ombeta stated.
Ombeta argued that Waluke's constituents had grown to see him as a father figure and would also be affected if he was jailed.
His statements attracted mixed reactions, with some accusing him of defending the indefensible while others commended him for his legal prowess.
"According to lawyer Cliff Ombeta, does it mean that people should just be corrupt because they have the protection of their grandchildren? Because their sons and daughters will miss them?" wrote one Okello Gershon.
"I’d watch Ombeta whole day not for anything but his brilliance in arguing his cases. How sides with his clients to the last nail," shared one Kinyanboy.
Their woes started in August 2004 when Erad Supplies and General Contractors Ltd was awarded a Kshs.778 million tender to supply 40,000 tonnes of maize.
In its report that was adopted by the National Assembly, the Public Investment Committee established that the NCPB management had awarded the tender to Erad without consulting the Attorney-General.
The move that was smacked of connivance among the parastatal staff, Erad and some individuals in the government. There was no due diligence, technical and financial evaluation that would have been conducted to ascertain whether the company had the capacity to supply the maize. Businessman Jacob Juma was the face of Erad supplies, which he served as managing director.
Watch Ombeta in court below:
