Mombasa Senior Resident Magistrate, Rita Amwayi, has sentenced five activists and a matatu tout to a six months probation.
The six accused persons who reside in Mombasa were arraigned in court and accused of protesting against the embezzlement of funds in the Kenya Medical Supplies Agency (KEMSA) scandal.
Of the charges levelled against them was gathering against orders issued by the Ministry of Health and failing to keep physical distance during the demonstration held on August 25, 2020, in Mombasa.
Other charges included deliberately failing to wear a face mask thus defying the Public Health Act and risking their lives.
“I find them guilty of the offence of failing to maintain a physical distance of not less than one meter from another person.
“They are also guilty of demonstrating without first getting permission.” the Magistrate ruled.
Amwayi ruled that she offered a lesser sentence against the defendants after they pleaded with the court to be lenient.
“The accused persons are sentenced each to serve six months probation for each count. The sentences will run concurrently. They have 14 days right of appeal,” Magistrate Amwayi noted.
The six included Muslim for Human Rights Rapid Response Officer Francis Auma, Nato Michael (Haki Kenya), Lucas Cosmus Fondo (Local Empowerment for Good Governance), Felix Otieno (Ajenda Kenya), Kiti Nyale (Matatu tout) and Titus Makumi (Youth League).
The accused denied the offences, arguing that they informed the police of their planned demonstrations as stipulated by the law.
“We gathered lawfully. The police did not respond to our applications. We went ahead to demonstrate only to be arrested during the process,” they told the court.
The KEMSA scandal attracted nationwide attention after reports emerged alleging that over Ksh2.3 billion was stolen during the pandemic.
President Uhuru Kenyatta ordered the Directorate of Criminal Investigations (DCI) and the Ethics and Anti-Corruption Commission (EACC) to investigate the case and present to him a conclusive report.
The case has since dragged on for nearly 2 years. However, KEMSA underwent a restructure with top bosses being kicked out of office. The managers were sent on 45 days of compulsory leave after a meeting held by the Board of Management.
In November 2021, more than 600 staff were also sent home on compulsory leave after the Kenya Defence Forces (KDF) and the National Youth Services (NYS) took over operations at the embattled agency.
