Karen MCA fails to stop plans to declare seat vacant
Karen Ward MCA David Njilithia Mberia (centre) who on February 25, 2021 lost his seat after he was convicted and jailing for three years for soliciting a Sh1 million bribe.
What you need to know:
- Mr Mberia was found guilty of demanding and receiving a bribe 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 from declaring the seat vacant.
The High Court has declined to stop Speaker of Nairobi County Assembly from declaring Karen ward seat vacant, dealing a blow to area MCA David Mberia who was found guilty of corruption and bared from holding public office.
Justice Mumbi Ngugi further declined to suspend the decision barring Mr 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.
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.
Corruption and bribery
Through his lawyer Titus Koceyo, Mr Mberia said he was apprehensive that the seat would be declared vacant, rendering his appeal useless.
Mr 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 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 Mr 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.
