BY SAM ALFAN.
Convicted Member of Nairobi County Assembly has suffered a major blow.
This is after High Court declined to stop the Speaker of Nairobi County Assembly from declaring Karen ward seat vacant.
“I accordingly set aside the orders issued for the maintenance of the status quo on 12th March 2021. The parties are directed to file their respective pleadings and submissions if not already filed. The application for stay of execution of sentence shall be heard inter partes on March 22, 2021, ” ruled the judge.
MCA David Mberia was found guilty of corruption and barred from holding public office.
Justice Mumbi Ngugi further declined to suspend the decision barring David Mberia from holding public office, saying she has to hear from all parties before issuing any orders, for the status quo to be maintained.
“I am not satisfied that the circumstances of the case merit the grant of orders staying execution of the sentence or orders maintaining the status quo, which in any event was not defined. This is particularly so in light of the fact that the applicant has paid the fine imposed on him, ” said the judge.
Karen MCA was found guilty of demanding and receiving a bribe by a Nairobi court and was fined Sh700,000 or serve one year in jail.
He paid the fine but immediately moved to court, seeking to stop the Speaker Benson Mutura from declaring the seat vacant.
“At this stage in the proceedings and bearing in mind that I have not heard the parties substantively. I am not satisfied that the circumstances of the case merit the grant of orders staying execution of the sentences or orders maintaining the status quo,” the Judge said.
Mberia said he was apprehensive that the seat would be declared vacant, rendering his appeal useless.
Mberia was found guilty of conspiracy to commit the offence of corruption and bribery.
He and two other MCAs had been accused of demanding a bribe of Sh1 million from the owners of Kiragu Waichahi School in Pumwani, Kamukunji.
He was in a committee of the Culture and Social Services Committee, and they were accused of demanding the bribe from the director of the school, in order to prepare a favourable report, to counter the initial allegation they had made to the County Assembly that the school was illegal.
In the judgment, chief magistrate Thomas Nzyoki said there was overwhelming evidence that Mberia received the money.
“It is not in doubt that the accused person is a state officer and therefore subject to the high integrity standards.
He is also mandated by law to observe the principles and values enacted under the Leadership and Integrity Act,” the Magistrate said.
