A 2022 poll loser has been sentenced to 2- years imprisonment without an option of fine for threatening to kill a sitting Member of the County Assembly (MCA).
Dennis Wambua Masavu was convicted by Milimani senior principal magistrate Zainab Abdul for threatening to execute the Makueni County, Kiteta Kisau Ward MCA Dennis Kioko Mainga.
Masavu who suffered double defeat at the polls and in the election court vowed to end the life of Mainga.
“I cannot surrender, its either the current MCA dies or I die. Because my votes cannot be stolen and then ordered to pay somebody Sh1million.It’s not possible,” Masavu warned.
Masavu was charged with threatening to kill Mainga on March 11, 2023, at Ngoni Village in Mbooni East Constituency, Makueni County.
In her judgement, Ms Abdul noted the office of the Directorate of Criminal Investigations (DCI) Nairobi investigated Masavu after the local police sleuths failed to take action despite several reports by the MCA.
Mainga defeated Masavu in the August 9, 2022 general elections.
Masavu petitioned Mainga’s victory at the Tawa Law Courts where the poll suit was dismissed with costs. He was ordered to pay Sh1 million in costs.
After the double loss, Masavu issued death threats when he attended a clan meeting and a dowry marriage event. He blamed 23 family members for failing to vote for him thus he lost the seat but vowed to ensure there was a by-election.
Attendants in those events who comprised family members of Masavu reported the threats at Ngoni Police Station.
“Masavu lost the seat to Mainga who was duly elected by the people,” Ms Abdul stated.
“He again lost the election petition which he had filed. This made him very bitter and he went ahead and threatened the complainant,”she added.
Ms Abdul said although the words were uttered in the absence of the complainant he got the information.
She said the seven witnesses who testified before her corroborated each other.
“Relatives of Masavu who attended the family meeting confirmed that the accused uttered those death threatening words,” Ms Abdul ruled.
She said the witnesses did not take the threats lightly since Masavu was a courageous person who would make good his threats.
The magistrate said Masavu vowed he would poison the MCA then there be a by-election in the Kiteta Kisau Ward.
Ms Abdul dismissed Masavu’s defence saying it was a mere denial.
“I find the ingredients of the offence were proved to the required standards and beyond reasonable doubts,” ruled Ms Abdul.
She convicted Masavu under Section 215 of the Criminal Procedure Code saying “he is guilty as charged for the offence of threatening to kill Mainga.”
Sentencing Masavu the magistrate said the offence is serious and calls for a custodial sentence as threatening the life of a person cannot be condoned by the court.
He was given 14 days to appeal against the sentence.