Lamu MCA released on bail over jail break attempt

The Malindi High Court on Thursday freed Lamu Mkomani Ward MCA Yahya Ahmed Shee alias Basode on a Sh300,000 cash bail, pending the hearing and determination of his appeal.

On April 7, the MCA was sentenced to nine and a half years in prison or pay Sh800,000 fine and serve another five and a half years in prison.

The county legislator was found guilty of six charges, including an attempt to jail break three convicted drug traffickers.

Lamu Principal Magistrate Allan Temba had said the first, second and third counts where the MCA tried to rescue drug traffickers would attract a jail sentence of four years each.

Mr Temba had said because the offenses were committed concurrently, the MCA would serve four years imprisonment for all the first three counts.

In the first count, Mr Shee, jointly with others attempted to rescue ZamZam Mohamed Salim who had been convicted and sentenced to 20 years imprisonment for drug trafficking on June 2, 2017, contrary to section 122(1)(b) of the Penal Code.

In the second count, the MCA was found guilty of unlawful attempt to rescue another prisoner namely Ali Mzee Ali on the same date of June 2, 2017 who had also been convicted and sentenced to 10 years for drug trafficking.

Mr Shee had also been found guilty of the third count where he unlawfully attempted to rescue a prisoner, Nyathumani Yusuf, who had been convicted and sentenced to five years imprisonment.

The Principal Magistrate went ahead to sentence Mr Shee four years imprisonment or an alternative fine of Sh 400,000 each for the fourth and fifth count where the MCA was found guilty of unlawfully resisting the police in the due execution of their duties and unlawfully and wilfully obstructing police in the lawful execution of their duties which is contrary to section 103(a) of the National Police Service Act. 

In the two counts, the magistrate had explained that they occurred concurrently and that the convict will either serve a jail term of four years or be required to pay a fine totaling to Sh 800,000.

In the sixth and last count where the MCA was found guilty of breaching section 80 of the Penal Code by unlawfully taking part in a riot outside the Lamu Law Courts on the same fateful day of June 2, 2017, the court handed 18 months sentence.

This meant that even if Mr Shee raised the Sh800,000 fine, he would still have to serve five and a half years in jail, particularly for the first three counts that have no fine as an alternative.

The state was represented by senior prosecution counsel Eddie Kaddede and prosecution counsel Kagenyo Kiongo, all of which had termed the ruling as a win to the administration of justice and the rule of law.

The defense counsel was represented by lawyers Alfred Omwancha and Kenneth Njuguna.

The Thursday ruling, however, came as a relief to Mr Shee as his political career as a Member of the County Assembly of Lamu was at the verge of being destroyed on the ground that if he continued to be in custody, it would have resulted in the Speaker of the Lamu County Assembly Abdul Kassim Ahmed to proceed to pronounce the Mkomani Ward Assembly seat vacant.