Sirisia MP John Waluke is facing headwaters as the High court  has upheld the magistrate court’s ruling that he is guilty of  defrauding the National Cereals and Produce Board (NCPB) Sh297 million.

Justice Esther Maina  upheld the ruling issued by Chief Magistrate Elizabeth Juma, stating that the prosecution had proved beyond any reasonable doubt that Waluke took part in the NCPB fraud.

The fourth term lawmaker secured his re election to represent Sirisia constituency under the Jubilee ticket as he was out on appeal. Mr Waluke has been slapped with a heavy sentence, either pay upto 1 billion shillings or face 57 years in jail for the fraud committed.

Mr waluke and his co-accused Grace Wakhungu are the surviving directors of Erad contractors after the third director Jacob Juma was killed in what many saw as an assassination. The company was accused of defrauding the national produce board over the purchase of white maize and subsequently the parastatal lost 297 million.

However, Hon Waluke has 14 days to appeal against the decision in the court of appeal, failure to which he will have to serve the sentence which could see him lose his seat in the National Assembly.

According to Article 99 (2) (g) of the Constitution,  a lawmaker is liable to lose the seat if he or she is subjected to imprisonment of at least six months. Notably, this only applies if the MP in question has exhausted all forms of the possibility of appeal or review of the respective sentence.