The Karen Member of County Assembly has lost his seat after being found guilty of corruption by a Nairobi court.
David Mberia was charged alongside two other MCA’s Jared Okode (Mathare North Ward) and Abraham Mwangi Njihia (Woodley) with conspiracy to commit the offence of corruption but they were found not guilty and released. Mberia was facing three other charges which he was found guilty of.
Mberia and his co accused were accused of demanding a Sh 1 million bribe from the owners of Kiragu Waichahi school in Pumwani, Kamukunji.
Trial magistrate Thomas Nzioki found that the prosecution had proved their case beyond reasonable doubt against Mberia.
The magistrate sentenced him to pay a fine of Sh 700,000 for the three counts or serve three years in jail.
“The accused is barred from holding public office as a Member of the County Assembly in accordance with the law. The Judgement will be given to the speaker of the county assembly for compliance,” ruled the magistrate.
The court also ruled that the sentences will run consecutively
According to the prosecution, the accused is a Member of county assembly and therefore a state officer and elected leader.
“The Constitution requires state officers to uphold very high standards in the discharge of their duties,” said the prosecutor adding that the events leading to this case took place during the discharge of his (accused) duties.
The court heard that integrity is lacking in the manner in which the accused, now convict, handled the events.
The state had requested for a maximum sentence as stipulated in the constitution to ensure the accused and other Kenya citizens deter from committing similar offences.
His lawyer mitigated that the accused is a first time offender, human and prone to error.
“He is remorseful and has been attending court religiously since the commencement of this trial,” the court heard.
She prayed for leniency and a non-custodial sentence, preferably a fine, on grounds that he is a family man of four children.
The court also heard that defense intends to appeal against the said judgement.
The three MCAs are members of the county’s Culture and Social Services Committee, with Njihia as the chairperson and are said to have demanded a 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.
Kiragu testified that he instructed a lawyer to respond to a letter by the MCAs but on 24th April 2019, he received a call from Njihia inquiring why a lawyer was involved yet the matter could be amicably resolved.
