Changamwe MP Omar Mwinyi was yesterday sentenced to four years in prison or pay a Sh1 million fine for assaulting two police officers during ODM nominations last year.
Mombasa chief magistrate Evans Makori said the prosecution had proved beyond reasonable doubt that the MP participated in the mayhem, and played the lead role by directing a mob to hurl stones and other crude weapons at the officers. The officers sustained injuries.
Mwinyi was charged with 11 counts, including assaulting police officers Agapio Ndwiga and Dennis Nambisla.
“The officers who were key witnesses in the matter pointed out that he was present at the scene and that he actively led his supporters in all what happened at various polling stations,” said the magistrate.
He also ordered Mwinyi to pay a Sh500,000 fine for the first count of assaulting and causing bodily harm to Ndwiga and Nambisla.
The magistrate, however, said before sentencing the MP, he had considered submissions by the defence counsel and the prosecution that the accused person was a first offender, his demeanor and attendance to court sessions and was a sitting Member of Parliament.
“I find the accused guilty as charged. It is clear he failed to restrain or stop his supporters from disrupting the polls therefore he is deemed to have participated in the fracas,” he said.
However, the court acquitted him on nine other charges of interfering with election material, obstructing electoral officers and using violence during party primaries for lack of evidence.
Mwinyi faulted the judgment, terming it unwarranted because he did not “at any time assault anyone”.
My lawyers are definitely working on an appeal,” he said .