Kibera single-mother slapped with half a million fine for taking Sh2,500 bribe

juma chrispinus

May 24, 2018 4:54 PM

She had demanded the bribe for Birth Certificate processing.

An Anticorruption Court in Nairobi on Thursday slapped Justina Malela, a clerk who took a Sh2,500 bribe while working at a Huduma Centre in Kibera.

The Sh2,500 money, the court was told, was to facilitate the processing of a birth certificate. The single mother of two had pleaded with the court for leniency asking for a non-custodial sentence.

In her mitigation, she told the Anti-corruption court chief magistrate Douglas Ogoti that she was remorseful and regretted ever demanding for the bribe, but the court could not hear of it.

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Ogoti said the prosecution had, beyond reasonable doubt, proved the case against the ex-civil servant at the Ministry of Interior.

Naomi, 26, testified that she wanted a birth certificate for her nephew Wayne Musyoka Maria. She did not know how to go about it so she enquired from a friend known as Bernard Lutta.

It was Lutta, a children officer who works with a community-based NGO, who introduced her to Malela. On September 8, 2016, she contacted the woman to inquire about the birth certificate.

To the applicant's shock, Malela said she could only assist if she was given Sh3,000. The two women negotiated the amount and settled on Sh2,500 which was sent by Mpesa the same day.

Malela, who worked as a clerical officer 11, promised to give out the certificate later that evening. She also asked Naomi to send the boys detail on via WhatsApp.

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Came evening, Naomi called Malela but her calls went unanswered. She called the following day but her calls still went unanswered. After a week, an irate Naomi decided to storm into her office to demand her money back. She asked for Malela at the reception but still, the woman refused to see or talk to her.

Naomi caused a scene and was advised to report the incident at Integrity Centre. She recorded a statement and a probe was conducted leading to the arrest of Malela. Interestingly, Malela refunded the money during the trial.

While sentencing her, the magistrate observed that the Mpesa record that was tabled as evidence was proof that she requested for a bribe to perform a public duty.

"Her actions are a clear indication of a corrupt act of taking advantage of an innocent Kenyan," Ogoti ruled.

juma chrispinus