A Nairobi MCA has lost his seat after a court convicted and jailed him for soliciting a Sh1 million bribe from a city school.
Milimani Senior Principal Magistrate Thomas Nzioki Thursday declared that Karen Ward MCA David Njilithia Mberia had lost his seat upon conviction and jailing for three years for the offence.
Mberia was convicted on three counts of soliciting for a bribe and receiving treated money from the Ethic and Anti-Corruption Commission (EACC).
Mr Nzioki informed the convict that since he was a state officer, he is required to relinquish his office as stipulated in the Anti-Corruption and Economic Crimes Act.
The court said Mberia was an elected leader and a family man who was looked upon to give guidance and be a good role model.
Mr Nzioki said under Section 18 (8) of the Bribery Act Number 45 of 2016, Mberia will forthwith be barred from holding the public office as the county assembly member for Karen Ward.
“You will now loose the county seat. A copy of this judgement will be forwarded to the Speaker of the Nairobi County Assembly for action and implementation,” Mr Nzioki ruled.
He said one of the consequences of the sentence is that the seat will be declared vacant and a by-election held.
Mr Mberia demanded Sh1 million from Mr Samuel Maina Kiragu in order to influence the outcome of an inquiry that was carried out by the Culture and Social Services Committee in regard to the ownership of the land where Kiragu Waichahi Schools was built.
Mberia further demanded a bribe of Sh500,000 from Mr Kiragu on April 25,2019.
He was also charged with receiving a bribe of Sh200,000 from Mr Kiragu.
After convicting the MCA , the court imposed a fine of Sh300,000 on him for demanding Sh1 million from Mr Kiragu or alternatively serve 12 months imprisonment in default.
For the offence of demanding Sh500,000, he will pay a fine of Sh200,000 or serve 12 months in jail in default.
For receiving Sh200,000 which was treated money given to Mr Kiragu by EACC, he will pay a fine of Sh200,000 or serve 12 months in jail in default.
Sentences to run consecutively
Mr Nzioki said the sentences will run consecutively.
“You will serve the sentence one after the other being three years in jail.”
Mr Nzioki rejected Mberia’s defence that he was trapped by EACC officers when he was given Sh200,000 at a petrol station.
The magistrate said all the conversation between Mberia and Mr Kiragu were captured in a recording given to the complainant (Kiragu).
Mr Nzioki declined an application by lawyer Lilian Wangari Maina to stay the implementation of the judgement.
Mr Nzioki however allowed a request by Ms Maina to he client them with the proceedings in order to appeal against the conviction and sentence.
Mberia had been charged alongside two other MCA’s Jared Okoth Okode (Mathare North) and Abraham Mwangi Njihia (Woodley/Kenyatta) who were freed for lack of evidence