This archive report was first published on 8 July 2020.
July 8, 2020 - In a bid to have her conviction overturned, 79-year-old Grace Wakhungu has applied for release on bond pending the determination of her appeal. Wakhungu, who was jailed last month for stealing Sh313 million from a state agency, claims her health is deteriorating due to her imprisonment.
Through her lawyer, Paul Muite, Wakhungu has asked the court to direct the officer in charge of Lang'ata Women Prison to have her examined by a government geriatric and psychiatrist. This, she argues, is necessary to assess her physical and mental health.
According to Muite, Wakhungu's condition is such that her health stands a risk of permanent deterioration if she is not released on bond during the pendency of the appeal. He cited instances where Wakhungu displayed traits such as difficulty in concentrating, anxiety, long-lasting sadness, and other signs of inferior mental health during the trial.
Wakhungu's appeal is based on several grounds, including the trial court's failure to find guilt on her part, the absence of proof of the prosecution's case on all counts beyond reasonable doubt, and the imposition of an unlawful or harsh sentence.
Justice John Onyiego has certified the application as urgent and directed Muite to serve the Director of Public Prosecution within five days.