Justice Mumbi Ngugi dismissed the petition by Mr Waluke and co-director Grace Sarapy Wakhungu who sought to quash the report, which Parliament adopted in November 2013.
Sirisia MP John Waluke and his business partner have lost a petition seeking to quash a parliamentary report that recommended their prosecution for fraudulently receiving more than Sh300 million from a government agency.
Justice Mumbi Ngugi dismissed the petition by Mr Waluke and co-director Grace Sarapy Wakhungu who sought to quash the report, which Parliament adopted in November 2013.
The judge said Mr Waluke was an MP and a member of the Parliamentary Investment Committee when the House team debated the matter.
She said the MP was allowed to testify before the committee and he was in Parliament when it adopted the report yet he did not challenge it until five years later.
“In my view, it is too late in the day for the petitioners to challenge the report. Even had the trial of the petitioners not been completed, this court would not have been satisfied that the petitioners merited a chance to challenge the report late in the day,” said the judge.
The two are shareholders of Erad Supplies & General Contracts Ltd, which was paid Sh314 million by National Cereals and Produce Board after the agency breached a contract. They had won a tender to supply 40,000 metric tonnes of maize in 2004. The agency later cancelled the contract due to “a lack of funds”.
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