Sirisia MP John Waluke has accused the Office of the Director of Public Prosecutions (ODPP) of being used to settle business scores.
Mr Waluke and his co-director at Erad Supplies and General Contracts Ltd, Grace Wakhungu, want fraud charges against them dropped on account that the dispute had been settled.
Their lawyer, Nelson Havi, told the court that the National Cereals Board (NCPB) had paid Erad Supplies over Sh310 million as part of the money awarded by the High Court and Court of Appeal and wondered why only a portion was singled out in an allegation that the money was paid out illegally.
The MP and Wakhungu were last year charged with fraud with prosecution arguing before the court that they made a false invoice worth Sh114,600,000 as evidence to support a maize storage claim by Chelsea Freights.
They were also said to have fraudulently acquired Sh297 million from the public as the cost of storing 40,000 tonnes of maize which was to be supplied to NCPB. The company was among those picked to supply 180,000 tonnes of maize before a fallout ensued.
Justice Hedwig Ongudi, however, declined to issue orders stopping the criminal case and directed that they serve the EACC, DPP and NCPD for them to respond before the hearing on January 24.
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