• His lawyer said Sakaja was remorseful and admitted that he had committed the offence but was talking to people about Covid-19.
• He was out drinking at 1am on July 18 at Ladies Lounge along Dennis Pritt Road in Kilimani. He had resisted arrested and reportedly threatened police.
Image: CAROLYNE KUBWA
Nairobi Senator Johnson Sakaja on Tuesday was ordered to pay a Sh15,000 fine or serve three months in jail after pleading guilty to breaking curfew.
The former chairman of the Senate's Covid-19 committee appeared in an outdoor court before Nairobi chief magistrate Roselyne Onganyo and pleaded guilty.
The prosecution had wanted the maximum sentence — Sh20,000 and six months in jail — saying the court needed to send a message that politicians are not above the law.
Sakaja also apologised earlier to the nation for his behaviour.
He has resigned from the Senate Covid-19 committee, saying he served as a bad example.
Sakaja was drinking at 1am on July 18 at the Ladies Lounge bar along Dennis Pritt Road in Kilimani.
Although he resisted arrest and reportedly threatened police, he was not charged with being drunk and disorderly, only with violating curfew.
Prosecution counsel Kerongo Matwa asked the court to hand down a harsh sentence to send politicians a message that curfew does not apply only to “small people”.
Many cases have emerged of politicians brazenly defying curfew.
Matwa told the court Sakaja should be the first to comply with Covid-19 regulations.
"We beseech you to give the maximum sentence to Sakaja," Matwa said.
Through his lawyer John Khaminwa, Sakaja told court that on Monday outside the Kilimani police station after recording a statement, he apologised to Kenyans for violating the government's curfew.
Khaminwa said Sakaja was remorseful and directly admitted his guilt. “He heavily apologised to the entire nation. It is commendable of a leader to apologise. He even resigned as Covid-19 committee chairman."
Sakaja defended himself saying that as a senator he must talk to people on matters including the coronavirus, how they were doing and how he was doing as a lawmaker.
Khaminwa said whatever happened was done in good faith and as a legislator it was important to admit mistakes.
"Kindly put in consideration the mitigation when sentencing my client," he said.
The magistrate in sentencing said she had considered Sakaja's position as a senator but he was not above the law.
"As a senator, he should contribute in calming the situation given his position," she said.
She said the court appreciated that Sakaja had stepped aside and did not do so to woo the court.
(Edited by V. Graham)