Lamu MCA jailed for 13 years over jailbreak attempt

Lamu Mkomani Ward MCA Yahya Ahmed Shee alias Basode has been jailed  for thirteen and a half years, and a fine of Sh800,000.

This is after he was found guilty of six charges, including an attempt to jail break three convicted drug traffickers in June 2017.

While delivering the ruling on Wednesday, Lamu Principal Magistrate Allan Temba said the first, second and third counts, where the MCA tried to rescue the convicted drug traffickers will attract a jail sentence of four years each.

Mr Temba said because the offenses were committed concurrently, the MCA will serve four years imprisonment for all the first three counts.

In the first count, Mr Shee, jointly with others not before court attempted to rescue ZamZam Mohamed Salim who had been convicted and sentenced to 20 years imprisonment for drug trafficking on June 2, 2017, contrary to section 122(1)(b) of the Penal Code.

In the second count, the MCA was found guilty of unlawful attempt to rescue another prisoner namely Ali Mzee Ali on the same date of June 2, 2017 who had also been convicted and sentenced to 10 years for drug trafficking.

Mr Shee had also been found guilty of the third count where he unlawfully attempted to rescue a prisoner, Nyathumani Yusuf, who had been convicted and sentenced to five years imprisonment.

The Principal Magistrate went ahead to sentence Mr Shee  for four years imprisonment or an alternative fine of Sh400,000 each for the fourth and fifth count where the MCA was found guilty of unlawfully resisting the police in the due execution of their duties and unlawfully and willfully obstructing police in the lawful execution of their duties which is contrary to section 103(a) of the National Police Service Act. 

In the two counts, the magistrate explained that they occurred concurrently and that the convict will either serve a jail term of four years or be required to pay a fine totaling to Sh800,000.

In the sixth and last count where the MCA was found guilty of breaching section 80 of the Penal Code by unlawfully taking part in a riot outside the Lamu Law Courts on the same fateful day of June 2, 2017, the court handed an 18-month sentence.

During the delivery of the ruling, the court also observed that the convict is first offender and a leader.

This means if Mr Shee raises the Sh800,000 fine, he will still have to serve five and half years in jail, particularly for the first three counts that have no fine as an alternative. 

The state was represented by Senior Prosecution Counsel Eddie Kaddede and Prosecution Counsel Kagenyo Kiongo, all of which termed the ruling as a win to the administration of justice and the rule of law.

The Defense Counsel was represented by lawyers Alfred Omwancha and Kenneth Njuguna, all of which vowed to appeal against the ruling.

The MCA is held at Hindi GK Prison in Lamu West.

He has a right to appeal to a higher court within 14 days.