The anti-graft agency has claimed Sirisia MP John Waluke forged documents to secure a multi-million contract for supply and storage of maize.
In response to a suit by the MP and his co-director at Erad Supplies Ltd Grace Wakhungu challenging their prosecution over the Sh297 million maize scandal, the Ethics and Anti-Corruption Commission stated that it had evidence to prove that the two gave false testimony to get the contract.
Commission's lawyer Ben Murei argued that Waluke and Wakhungu brought the suit in bad faith to frustrate the criminal trial. EACC now wants them to clear their names instead of seeking to block the case.
“Our investigations established that they used false documents to make huge claims against the Government. They cannot say the criminal prosecution is intended to settle a business dispute when we have supplied all the evidence to court,” said Mr Murei.
Waluke and Wakhungu want to stop their prosecution over the maize scandal arguing that the charges were aimed at stopping them from getting their dues from National Cereals and Produce Board (NCPB).
Their lawyer Nelson Havi told the court the EACC and the Director of Public Prosecutions abused their powers by prosecuting the two in a matter that had been settled by the High Court and Court of Appeal.
According to the lawyer, NCPD had paid Erad Supplies more than Sh310 million as part of the money awarded by the two courts and wondered why only a portion was singled out on allegation that the money was paid out illegally.