Poll loser charged with threatening to ‘eliminate’ political rival
A Member of County Assembly (MCA) aspirant in the 2022 polls is battling charges of threatening to kill his political rival.
Dennis Wambua, who unsuccessfully contested for the Kiteta-Kisau ward seat in Makueni County, has denied threatening to kill one Dennis Kioko Mainga.
Masavu, who vied for the seat on a Wiper ticket during the August 2022 polls was defeated by Mainga in the contest.
He was charged before Nairobi Milimani law courts chief magistrate Susan Shitubi.
Masavu was represented by lawyer Philip Omoiti of Kilonzo and Company Advocates.
The prosecution led by a senior principal state counsel Nyakira Kibera told the court Masavu committed the offence on March 11, 2023, at Ngoni Village within Mbooni East District, Makueni County.
The charge presented by Ms Kibera against Masavu claims he uttered the threatening words Contrary to Section 223 (1) of the Penal Code.
The court heard the accused uttered these words, “….my votes were stolen and I went to Tawa court but later realized that there is no Court in Tawa only money exchanging hands. Money was poured and my case was thrown out of court, I cannot surrender it, it is either the current MCA dies or I die.” the court heard.
When asked to answer to the charge, Masavu answered, “Not guilty.”
The defence counsel, Omoiti applied for the politicians release on bond saying he is unwell.
“I urge this court to admit the accused on bond. He is sick and was discharged from Hospital on Wednesday,” Omoiti told the court.
“Police pounced on the accused while he was returning home from hospital where he had been admitted,” Ms Shitubi heard.
The magistrate was urged to exercise her discretion in favour of the accused who is under treatment of asthma and high blood pressure.
Ms Kibera did not oppose the accused bail plea.
She however urged the court consider the seriousness of the offence while determining the bail/bond.
The prosecutor urged the court order the former MCA against interfering with witnesses.
In her ruling, Shitubi said the prosecution has not proven the accused is a flight risk.
Ms Shitubi admitted the accused on bond of Sh500,000 with one surety.
She gave him an alternative cash bail of Sh200,000.
The magistrate fixed the case for pre-trial directions on August 10,2023.