After being convicted of conspiracy to defraud a property of the Nakuru County Government, Nakuru West Town Member of Parliament Samuel Otara Arama was sentenced to six months in prison and fined Ksh1.5 million.
Three former Nakuru land officers, John Mwaura, Daniel Nyantika, and Charles Birundu, were also sentenced by trial magistrate Vincent Wakumile to an optional fine of Shs 1,040,000 or six months in prison.
The lawyer who handled the transaction during the conspiracy (Kennedy Onkoba) will serve the same 6-month prison sentence or pay a Ksh. 560, 000 fine for aiding the fraud through his misleading legal advice.
While passing the sentence, the trial magistrate stated that all of the accused persons did not directly benefit from the transaction because the subject land was transferred to the complainant.
“The court recognizes that these are public servants and first-time offenders….it is also public knowledge that the property was returned to the complainant, so the accused persons benefited in no way. However, the crime must not go unpunished.” According to the trial Magistrate.
The trial court agreed with prosecuting counsel Joseph Irungu’s request that it be guided by the judiciary’s sentencing policy guidelines in imposing the sentence.
Defence counsel, led by Dr Ken Nyaundi, pleaded with the court to consider a lenient and non-custodial sentence, claiming that the first accused person’s retirement had been disrupted, causing him to suffer from high blood pressure.
“It is worth the court’s consideration that the fourth accused person is a member of parliament and has dependents whom he supports in education and other needs; he is also a first-time offender, and we request leniency in sentencing.” Dr. Nyaundi pleaded for the convicted legislator.
All of the accused were charged with various offences ranging from conspiracy to defraud to attempting
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