Former Laikipia North MP Mathew Lempurkel has been sentenced to 1-year imprisonment without a fine for assaulting the current Laikipia MP Sarah Korere in 2016.
While delivering the ruling, Senior Principal magistrate Hellen Onkwani said the jail term will serve as an example to others.
"I have also considered the fact that the accused person is a first offender but I note that the accused is a leader who should be a good example to others. I hereby proceed to sentence the accused person to serve 1-year imprisonment," the magistrate ruled.
In her lengthy ruling delivered at Milimani Law Courts Nairobi, the magistrate said that the prosecution team has discharged its duty of proving its case beyond reasonable doubt and found that the accused person is guilty as charged for the offence of assault and causing actual bodily harm contrary to section 251 of the penal code.
The magistrate dismissed Lempurkel's defence submissions saying that the issues raised by the accused in his submission of political rivalry were not raised in the pleadings.
Lempurkel through his lawyer had raised the issues of CCTV claiming it did not capture the occurrence of the fateful day but the magistrate dismissed the allegation by the defence saying that it is on record that the boardroom where the offence was committed had no CCTV.
"The CCTV was at the corridor but the offence was committed in the boardroom and not in the corridor and such the said CCTV would have been immaterial consideration of this case," she added
The Magistrate also considered the fact that the investigation officer in the matter received reports from both the complainant and accused and issued the P3 form to both.
It is alleged that Lempulkel did not return the P3 form and the medical documents despite claiming to be a victim.
Therefore the court said the accused was given an opportunity to defend himself but did not avail medical document.
The court concluded that proper investigations were conducted and each party was accorded equal opportunity to present their case.
Mathew Lempurkel Lekidime is alleged to have committed the offence on November 21, 2016, at Harambee House in Nairobi.
