Eleven of 22 Trans Nzoia MCAs charged with funds misappropriation and abuse of office spent Monday night in police cells after they were unable to raise Sh150,000 cash bail each.
The MCAs and assembly clerk Ainea Indakwa were arrested by the EACC for falsely claiming allowance for the funeral of colleague, Matumbei MCA Ronald Matongolo. He died on September 8, 2014.
They were taken to the EACC’s office in Eldoret for interrogation ahead of court appearances.
Thirty-eight MCAs received the money and some are due to appear in court in Eldoret. The 23 appeared before magistrate Harrison Barasa.
The court heard that on September 15, 2014, each got Sh47,000 as travel allowance for ferrying the body from Nairobi to Kitale.
But it had already been transported on September 9. They did not travel, the court was told.
“The body of the deceased MCA had already been transported to Kitale and the MCAs knew it was an illegal payment or allowance. It amounted to misappropriation of public funds,” EACC deputy director Enock Otiko said.
Indakwa was separately charged with receiving allowances to travel to Murang’a on official duty for seven days, but only travelled for one night. They denied the charges.
Barasa ordered they be released on Sh150,000 cash bail each, with a Sh200,000 surety. Seven lawyers representing the MCAs requested simple cash bail. The ruling came late making it difficult for some to pay the cash.
Most of the MCAs had prepared to pay cash bail of about Sh30,000.
The prosecution said, however, the offences were serious and can attract a jail term of not less than 10 years or a fine not exceeding Sh1 million.
“The MCAs may abscond, hence, the need for tough bail or bond terms,” state counsel Zachary Omwenga said.