Election Loser Sentenced to 2-Years in Prison for Threatening to Kill Sitting County Assembly Member
A 2022 election candidate who lost has been sentenced to two years in jail without a fine option for threatening to murder a current member of the county assembly (MCA).
Dennis Wambua Masavu was found guilty by Milimani Senior Principal Magistrate Zainab Abdul of threatening to kill Kiteta Kisau Ward Representative Dennis Kioko Mainga.
Despite his electoral loss and subsequent court ruling, Masavu pledged to take Mainga’s life.
“I can’t accept this loss; either the current MCA or I must die. My votes can’t be stolen, and I can’t be asked to pay someone a million shillings,” Masavu stated.
Masavu was accused of threatening to kill Mainga on March 11, 2023, in Ngoni village, Mbooni East Constituency, Makueni County.
In her decision, Ms. Abdul pointed out that the Directorate of Criminal Investigations (DCI) in Nairobi investigated Masavu after local police failed to act, despite multiple reports from the MCA.
Mainga had defeated Masavu in the August 9, 2022, general election.
Masavu challenged Mainga’s win at the Tawa Law Courts, where the election petition was rejected, and he was ordered to pay one million shillings in costs.
After these dual defeats, Masavu made the death threats during a clan gathering and a dowry ceremony. He blamed 23 family members for not supporting him, resulting in his loss, but he pledged to ensure a by-election.
Family members who were at these events reported the threats to the Ngoni police station.
“Masavu lost the election to Mainga, who was duly chosen by the people,” said Ms. Abdul.
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She continued, “He also lost the election petition he filed, which likely made him quite angry and led him to threaten the complainant (Mainga).”
Ms. Abdul said although Masavu made these remarks in Mainga’s absence, he was made aware of the threats.
She noted that seven witnesses’ testimonies supported each other.
“Family members who were present at the gathering confirmed that Masavu made these death threats,” Ms. Abdul decided.
The witnesses took the threats seriously because Masavu was known to be courageous and capable of carrying out his threats.
The magistrate stated that Masavu had promised to poison the MCA, which would trigger a by-election in Kiteta Kisau ward.
Ms. Abdul rejected Masavu’s defense, calling it a mere denial.
“I conclude that the elements of the offense have been proven beyond a reasonable doubt and to the required standard,” Ms. Abdul ruled.
Masavu was found guilty under Section 215 of the Criminal Procedure Code for threatening to kill Mainga.
When sentencing Masavu, the magistrate stated that the offense was serious and warranted imprisonment, as threatening someone’s life could not be tolerated by the court.
Masavu has 14 days to appeal the sentence.
Election Loser Sentenced to 2-Years in Prison for Threatening to Kill Sitting County Assembly Member