The loser of the 2022 election has been sentenced to two years in prison without the option of a fine for threatening to kill a sitting County Member of Parliament (MCA).
Dennis Wambua Masavu was found guilty by Milimani Senior Magistrate Zainab Abdul of threatening to kill Kiteta Kisau ward councilor Dennis Kioko Mainga.
Masab, who suffered a double defeat at the polls and in court, vowed to end Mr Mainga's life.
“I cannot compromise. It is either the current MCA dies or I die because there is no way my vote will be stolen and I will be ordered to pay someone Sh1 million. It’s impossible,” Masavu warned.
Masab was charged with threatening to kill Mainga on March 11, 2023, in Ngoni village, Mbooni East constituency, Makueni county.
Abdul noted in his judgment that the Directorate of Criminal Investigations (DCI) office in Nairobi investigated Masab after local police detectives failed to take action despite multiple reports from the MCA.
Mr Mainga defeated Mr Masab in the August 9, 2022 general election.
Mr Masab challenged Mr Mainga's victory in the Tawa Court of Law, where the election petition was dismissed with costs and he was ordered to pay Sh1 million in costs.
After the double defeat, Masavu made death threats while attending a clan meeting and a dowry wedding. He blamed 23 family members for not voting for him for losing his seat, but vowed to ensure a by-election.
Participants at these events were members of Mr Masab's family who reported the threats to Ngoni Police Station.
“Masab lost his seat to Mainga, who was duly elected by the people,” Abdul said.
She added: “He lost the election petition that he filed again. This clearly distressed him very much and he threatened the complainant (Mr Mainga).”
Ms Abdul said that although the words were uttered in the complainant's absence, the complainant had received the information.
She said the seven witnesses who testified before her corroborated each other.
“Masab's relatives who attended the family meeting confirmed that the defendant had made death threats,” Abdul ruled.
Witnesses did not take the threat lightly, she said, as Masab was a brave man to carry out the threat.
The judge said Masavu had vowed to poison the MCA and a by-election would then be held in the Kiteta Kisau constituency.
Mr. Abdul dismissed Mr. Masab's defense, saying it was merely a denial.
“I have determined that the elements of the crime met the necessary standards and were proven beyond a reasonable doubt,” Abdul ruled.
She found Masab guilty under Article 215 of the Criminal Procedure Code, saying he was “guilty of threatening to kill Mainga.”
In sentencing Mr Masab, the magistrate said the crime was serious and required a prison term, as any act that threatens human life cannot be tolerated in court.
He was given 14 days to appeal the sentence.
