A former Nairobi MCA has been sentenced to two years in jail for soliciting and receiving a bribe of Sh140, 000.
Njuguna Mwangi, former Maringo/Hamza MCA, was convicted after Milimani principal magistrate Thomas Nzioki found him guilty of the offence. He was given an alternative fine of Sh500,000.
He pocketed the amount to influence a county committee not to recommend the demolition of market stalls in a ward seven years ago.
His co-accused, former Komarock MCA Samuel Irungu Mwangi, was acquitted in the corruption case.
While acquitting Irungu, magistrate Nzioki said he never conceived the idea of soliciting a bribe from two traders at Saika market in Komarock ward.
Nzioki said although the brown envelope containing treated money was handed to Irungu by one Philip Munywoki Kilonzo, he never opened it but passed it on to Mwangi, who was convicted in the two counts of soliciting a bribe of Sh280,000 from Kilonzo and Elijah Muendo Mwau.
Nzioki also convicted Mwangi for receiving a bribe of Sh140,000 from Kilonzo on August 14, 2011 to influence the Nairobi City County Planning Committee not to pass a resolution to demolish Saika market stalls built on Kenya Power reserve in Komarock.
“This court is careful not to punish an innocent man who was just caught up in a circumstance he was not involved in,” Nzioki ruled.
The court said from the evidence presented by prosecutor Hellen Mutellah, it was clear that it is Mwangi who solicited for a bribe of Sh280,000 from Mwau and thereafter received Sh140,000 at a city restaurant in the full glare of EACC officers.
The magistrate said immediately Kilonzo handed over the money to Mwangi, he complained that the Sh140,000 was not enough since the Planning executive and the Planning committee chairman were expecting Sh280,000.
Twenty two members of the planning committee had been promised Sh10,000 each to sway the decision on demolition of the market stalls.
“From the recording and evidence presented by EACC investigators, it is clear that Mwangi was the one at the centre of the crime,” the magistrate ruled.
He said both audio and video testimonies captured Mwangi soliciting the bribe and receiving the same.
Nzioki dismissed Mwangi’s defence that he was set up and entrapped by EACC officers.
The court heard on August 13, 2011 Mwangi was recorded by Kilonzo soliciting for the bribe and on August 14, 2011 he met the complainant to receive the bribe.
Asking the court to treat Mwangi as a first offender, Mutellah said public institutions have been eroded by corruption and urged the magistrate to impose a severe sentence geared towards restoring public support to all government departments and institutions.
She, however, said no loss was incurred and neither benefit went to Mwangi since the Sh140,000 he received was treated money from the EACC.
In mitigation, Mwangi through lawyer William Arusei pleaded for leniency saying he was bundled out of the civic seat by the scandal.
“I urge this court to impose a sentence that will correct the former civic leader,” Arusei mitigated.
He said the former MCA had learnt his lesson.
Mwangi also said he has turned into potato farming after being rendered jobless.
Sentencing the accused, Nzioki said corruption has eroded confidence in government agencies and institutions.
“The only way to restore public confidence is to impose severe penalties on offenders so that the judiciary can play its role in combating the vice,” Nzioki added.
He, however, noted no money was lost in the saga but that does not mean corruption should be condoned.
The magistrate said the prosecution has proven beyond reasonable doubt Mwangi solicited and received a bribe.
For the offence of soliciting Sh280,000 from Mwau, he fined him Sh300,000 or serve 12 months in prison.
For receiving a bribe of Sh140,000, he ordered him to pay a fine of Sh200,000 or serve 12 months in default.
Nzioki directed the sentences to run consecutively which means the sentences will be served one after the other.
Edited by EKibii
