Mkomani MCA Yahya Ahmed Shee will now lose his ward representative seat following a 5-year jail term, after he was found guilty of attempting to break out drug traffickers from prison in 2017.
The Senior Resident Magistrate Themba Sitati charged the MCA, popularly known as Basode, to four years for three counts each over forcefully trying to aid the escape of three convicts.
The magistrate further sentenced him to an additional 18 months in jail for participating in illegal riots.
"The court has found that the prosecution has adduced beyond reasonable doubt that the accused committed the offences," said Lamu Principal Magistrate Allan Temba.
Shee was also charged on two counts for obstructing police, tampering with evidence, and resisting arrest during the time of the prison break.
The MCA is subsequently expected to pay a fine of Ksh800,000 for both counts, failure to which he will serve a sentence of four years.
“If he doesn’t pay the fine, the sentence will run consecutively to the first three counts,” ruled the Magistrate.
During the time in question, two police officers and two civilians are reported to have been injured as Shee and some rowdy youth tried to rescue the convicts, Zamzam Mohamed Salim, Ali Mzee Ali and Athman Yusuf Ali, from police custody.
The office of the Director of Public Prosecution (DPP), Noordin Haji also presented files of the MCA's previous convictions.
The DPP's office and the prosecution lauded the victory of the case and the rule of the law.
“The traditional approach to litigation must change. We must proactively take up the challenge to modernize our criminal justice system so that it is responsive to the needs of the community and meets international best practices,” Haji's office said.
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