BY PHOEBE WANJOHI.
Three Members of Nairobi County Assembly have case to answer an Anti-Corruption court has ruled.
In his ruling Senior Principal Magistrate Thomas Nzyoki put Jared Okoth Okonde (Mathare North) and David Njilithia Mberia (Karen) and Abraham Njihia Mwangi of Woodley/Kenyatta Golf Course Ward on their defence after prosecution proved four counts of conspiracy to commit corruption and receiving bribe beyond reasonable doubt against them.
“Having considered the prosecution evidence, I am satisfied that the accused persons have a case to answer in respect of four graft counts”, ruled Magistrate.
They allegedly demanded a Sh1 million bribe from the owners of Kiragu Waichahi School, which is in Pumwani Ward of Kamukunji Constituency.
The three MCAs are members of the county’s Culture and Social Services Committee, with Mr Njihia as the chairperson.
They are said to have demanded the bribe in order to prepare a favourable report for the assembly, to counter their previous allegation that a private school in Eastleigh was illegal.
Ethics and Anti-Corruption Commission (EACC) accused the trio that between April 8 and 25 ,2019 within Nairobi County being elected members of county assembly conspired to receive a bribe of Sh 1,000,000 from Samuel Maina Kiragu.
Mberia alone is accused that on April 25,2019 at city hall lounge within Nairobi city county being elected Member of Assembly for Langata /Karen ward requested Sh1,000,000 from Maina.
He also charged with requesting Sh 500,000 and Sh 200,000 from Maina.
At the same time the court ruled that prosecution failed to prove abuse of office charges against the three.
During the hearing if the case the prosecution inform the trial court that on April 10,2019 the accused persons visited Kiragu Waichai Schools situated at Kiambu , Eastleigh section 3 and met with caretaker Anthony Waweru Wachira .
According to the caretaker , the MCAs claimed that the private school was built on public land and demanded for ownership documents and thereafter the caretaker informed the school property manager Samuel Maina Kiragu about the matter.
On April 18, last year , the caretaker called the school property manager to inform him about the letter which was produced in court as exhibit.
It was alleged that the letter originated from the clerk , Nairobi city county government and was delivered by the secretary to the area member of the county assembly.
Maina testified that he instructed a lawyer to respond to the letter, however, on April 24, he received a call from MCA Njihia inquiring why a lawyer was involved yet the matter could be amicably resolved.
He informed the court that Mwangi made a demand for Sh 1 million from him to facilitate the withdrawal of the letter from the business of Nairobi city county assembly culture and community services committee and they agreed to meet at the Nairobi county assembly lounge on April 25.
The following day at about 10:00 am , the Maina accompanied by his brother Anthony Kiragu reported the matter to EACC at integrity center and they were briefly inducted on how to use recording devices before meeting MCA Mwangi at the assembly lounge.
They held the meeting with the other two accused persons which was recorded in an audio-visual and where three MCAs are heard demanding for Sh 1 million to be shared amongst 19 committee members of the culture and community services committee and the county assembly speaker.
Further Mwangi demanded for an installment of Sh 500,000 in the event Sh 1 million could not be raised once.
The audio recording was however played in court and marked as an exhibit in the case against the three MCAs.
