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GATUNDU SOUTH MEMBER OF PARLIAMENT WITH 10 OTHERS FINED SH 75,000 EACH OR 6 MONTHS IMPRISONMENT IN FORFEIT FOR FLAUNTING COVID-19 RESTRICTIONS BY A KIAMBU COURT

 

 Story by Channel22Media Reporter

Gatundu south Member of parliament with 10 others on Tuesday pleaded guilty to charges relating to flaunting of covid-19 restrictions in a kiambu court and were fined sh 75,000 each or 6 months imprisonment in forfeit.

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The 11 accused included Moses Kuria, Victor Mbuthia, Jane Muchoki, Peninnah Wambui, Lydia Muthoni, James Gikua, Isaac Karanja, Chrispus Waiganjo, Allan Wanyonyi, Janet wanjiru and sospeter Kimani  on Tuesday appeared before Kiambu chief Magistrate Stella Atambo through virtual means facing five counts which included consumption of alcohol, failing to maintain physical distance, not wearing facemasks, prohibition of gathering and contravening provisions of curfew.

The court heard that on 12 th april 2021 at about 9 pm at Havilla cornerstone restaurant in Kiambaa subcounty the 11 accused were found drinking alcoholic drinks in contravention of directives issued by cabinet secretary for health on prevention and control or suppression of covid-19.

The second count read that the 11 accused jointly were found taking alcohol without maintaining social distance of not less than 1 metre from each other. On the third count the accused persons were found without putting on a face mask to cover their nose and mouth.

The fourth count of the accused were charged that they were found having gathered 30 people at the Havilla corner Ranch in contravention of the covid-19 rules. They also faced a fifth charge that they were found at the ranch at 9 pm in contravention of the provision of curfew restriction order issued by the president of Kenya.

The prosecution led by Donnes ongira read the facts that the DCIO Kiambaa received information that a group of political activists and campaigners who had gathered at Havilla cornerstone Ranch in Ruaka to strategise on how to clinch victory for the UDA party candidate for the forthcoming Kiambaa constituency by elections.

Ongira further told the court that the DCIO proceeded to the scene where they found 30 individuals holding a meeting while drinking at the same time. They were arrested and escorted to Karuri police station while some were booked at Kiambu police station and in the course of arrest the officers recovered an assorted alcoholic drinks which are exhibits.

"The gathered individuals were arrested and exhibit was recovered of an assortment of alcoholic drinks with contents which include six bottles of Savanna premium cider, 0ne can of white cup lager, two cans of snapp apple cider and one can of smirnoff black ice," said Ongira.

The accused persons said it is true the way the facts were read. The prosecution told the court to treat the accused as first offenders.

Defense counsel of the accused persons led by Muranga senator Irungu Kangata told the court to treat the accused as first offenders as they do not have any criminal records, the accused are remorseful, they are ready to abide by court directions, they have families as they are all married with children and asked for a lenient penalty.

Kangata told the court that the offence in which the accused have been charged with is a misdemeanor and not a felony and  the court should grant unconditional discharge.

Atambo on the part of the court asked Kangata "as a court you have said all nice things about the first accused person, what about the fact that he is a leader and leads by example?"

Kangata replied that Kuria was leading by example by not denying the facts were correct and was not wasting court time and all the accused persons have vowed not to do it again and they will never be seen in court being arraigned on the same matter.

Atambo in her ruling said that she considered the circumstances of the offences and a fact that we are living in hard times of covid-19 pandemic whose effects globally are devastating. 

The accused persons Atambo sentenced them to a sh 15,000 each for each count and in default 6 months imprisonment and the sentences to run consecutively

                     https://www.youtube.com/channel/UC9GVtbrNUfpQqLh3CmNiV6Q/videos

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