The High Court on Wednesday, July 22, dismissed an appeal presented by Grace Wakhungu's lawyer, Senior Counsel Paul Muite, to have her released on medical grounds.
Justice John Onyiengo heard the petition during which Muite argued that his client's physical and mental health was at risk of permanent deterioration.
Muite further stated that the current Covid-19 pandemic placed his client at a high risk of exposure while in the confines of prison.
On the other hand, State prosecutor Alexander Muteti countered Muite's statement and argued that the prisons had been equipped to isolate individuals to mitigate any potential exposure to the coronavirus.
“The issue of her being unwell never arose at the trial court or during the sentencing. We oppose granting the prayer sought. The Covid-19 situation is in and outside the prison. In prison she can be isolated just like in her home,” Muteti argued.
In his ruling, Justice Onyiengo stated that the issue of Wakhungu's ill health would be heard on August 7, during the hearing of her bail application, and declined any possibility of release prior to the date.
The 79 year old Wakhungu was sentenced to 69 years in jail and ordered to pay a fine of Ksh707 million for stealing Ksh300 million taxpayers' money through a maize scandal.
Her co-accused Sirisia MP John Waluke was on his part sentenced to serve out a 67-year jail term and ordered to pay a fine of Ksh727 million.
The two were co-directors at Erad Supplies & General Contractors Ltd. alongside the late Jacob Juma.
While sentencing the two on June 25, Anti-Corruption Court Chief Magistrate Elizabeth Juma said the offences they committed were serious, adding that the two and their company took advantage of a dire situation in the country, as Kenya faced a drought, to defraud the National Cereals and Produce Board.
On Sunday July 19, a number of Western region leaders led by former Kakamega Senator Bonny Khalwale, held prayers ahead of Sirisia Member of Parliament John Walukhe's appeal hearing.
The prayers were held at Waluke's home in Sirisia and attended by Jubilee MPs seeking divine intervention ahead of Walukhe's appeal at the High Court on Tuesday, July 21, and prayed for its success.
