Mkomani Ward Representative Yahya Ahmed Shee will serve a cumulative jail term of five and a half years and pay a sum total fine of Sh. 800,000 after he was found guilty on six felony counts by a Lamu magistrate’s court.
In his ruling, Principal Resident Magistrate Themba Sitati said that the prosecution had proved its case beyond reasonable doubt and Shee is to serve 4 years concurrently on the first three counts in which he was found guilty of unlawfully attempting to rescue a prisoner, Nyathumani Yusuf, who had been convicted and sentenced to 5 years imprisonment.
He had also been found guilty of unlawfully resisting the police in the due execution of their duties contrary to section 103(a) of the National Police Service Act.
On the fourth and fifth felony count he has the option to serve a 4-year concurrent term or pay a cumulative Sh 800,000 fine for unlawfully and willfully obstructing police officers in the lawful execution of their duties.
“For the sixth count, which falls under section 80 of the Penal Code the convict instigated a riot outside the Lamu law courts as part of an attempt to break out lawfully convicted felons on June 2, 2017,” Sitati said.
On this count the MCA was sentenced to one and a half years without the option of a fine.
As part of his closing remarks with regards to the case, Lamu State Counsel Eddie Kadebe had urged the court to offer a sentence that was fair, punitive and a deterrent to anyone regardless of status in society.
Yahya Ahmed Shee is expected to launch an appeal in 14 days which is also a race against time to save his elective political seat which will fall vacant in the event that a higher court stays the magistrate’s ruling in his appeal.
By Amenya Ochieng