Vocal MCA risks losing seat after court finds him guilty of taking Sh1.7m bribe

By , K24 Digital
On Thu, 25 Feb, 2021 15:36 | 2 mins read
Karen MCA
Karen MCA David Mberia. PHOTO | COURTESY
Karen MCA David Mberia. PHOTO | COURTESY

A Nairobi MCA has been found guilty of taking Sh1.7 million bribe from a private school owner.

The money was meant to facilitate the resolving of a land dispute involving the school.

David Mberia, who is the Karen Ward MCA, was found guilty of the offense after Nairobi Chief Magistrate Thomas Nyioki ruled that the prosecution proved their case beyond a reasonable doubt.

However, his co-accused MCAs Jared Okode (Mathare) and Abraham Mwangi (Woodley), were acquitted of the offenses.

The judge ruled that the prosecution failed to provide enough evidence against Okode and Mwangi.

While convicting Mberia, the magistrate said the charge of asking for a bribe which was expressed in Sheng was proved through the testimony from investigating officer.

"The word was used in a clever way to request for a bribe of mita moja," ruled Nyioki.

The court also noted that Mberia was in contact with the treated money.

The legal consequences of being found guilty of the crime of bribery offences are serious with a conviction under the Kenya Bribery Act, 2016 attracting a fine not exceeding Sh5 million or imprisonment for a term not exceeding 10 years or both.

Under Kenya Constitution 2010, if the ward representative is sentenced to more than six months in prison he risks losing his seat under Article 193 (2) (f).

Background

The MCAs were accused of corruptly demanding Sh1 million from their victim, Maina Kiragu, to influence the outcome of an inquiry carried out by the Culture and Social Services Committee of the Nairobi County Assembly.

Okode and Mwangi were accused of corruptly asking for Sh200,000 each from the complainant so as to influence the same investigations.

The inquiry was done in regards to the ownership of the land on which Kiragu Waichahi School is located in Pumwani Ward, Eastleigh in Kamukunji Constituency.

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