Judge declines to release Wakhungu until bail case is heard

Ms Grace Wakhungu, the convict serving 39 years in prison for graft, got a blow Wednesday after the High Court declined to release her to seek medical attention pending hearing of her bail application.

Justice John Onyiengo said the issue of her poor health can be raised on August 7 during hearing of the bail application, which she and her co-convict Sirisia MP John Waluke filed after they were imprisoned.

When the bail application was called Wednesday for mention, Ms Wakhungu said her health continues to deteriorate and she needed a medical assessment.

During the virtual proceedings, her lawyer Senior Counsel Paul Muite, said she will be marking eightieth birthday in the next two weeks.

“My client’s plea is that she be heard early next week if the court can’t hear the matter today because of her state of health.  She requests to be examined by a government doctor in presence of her own doctor,” said Mr Muite.

State counsel Alexander Muteti had opposed the request saying it was a fishing expedition on the part of Ms Wakhungu, who is mother of former Environment CS Judy Wakhungu.

“The issue of her being unwell never arose at the trial court or during the sentencing. We oppose granting the prayer sought. Covid-19 situation is in and outside the prison. In prison she can be isolated just like in her home,” said Mr Muteti.

He added that the State will be opposing the bail application adding that the case proceedings of the trial court are voluminous.

The two convicts intend to appeal against the whole judgement of the lower court, their conviction and sentencing.

However, pending the hearing and determination of the appeal, they want to be released on bail terms. Lawyer Muite said the Director of Public Prosecution (DPP) was served the bail application which was prepared without the trial court’s proceedings.

Mr Muteti said if the ODPP is served with the copy of the lower court proceedings, they will be able to respond to the bail application within seven days.

But lawyer Muite said the DPP could have responded to the application without the proceedings. “Receipt of proceedings was not essential for DPP to respond to this proceedings,” he told the court.

Ms Wakhungu and Mr Waluke were sentenced on June 25,  by the anti-corruption court chief magistrate Elizabeth Juma, who them guilty of corruption charges in the Sh297 million maize scandal.

After the judgement, the two had asked the court to suspend the sentence but the court rejected the application saying it had already concluded the matter. The magistrate said any issue on the judgement could only be handled at the High Court on appeal.