ACC 1 OF 2008 - Republic vs John Morris Ogolla Ger
Summary: The accused person was arraigned in court and charged with 2 counts of solicitation and 1 count of receiving a bribe as an inducement to facilitate the re-arrest of a murder suspect that had been released under unclear circumstances. It was the prosecution's case that the complainant, in reference to an ongoing police case where a former colleague of his was accused of murder, saw the suspect in is farm when he was supposed to be in custody. The suspect bragged about how nothing could be done to him, prompting the complainant to make inquiries with the Police. It is during these inquiries that he encountered the acccused person, who demanded 100,000/= for him to be work on arresting the suspect. The complainant reported the incident to KACC offices where officialsfacilitated recordings to verify the complaint and treated money that was used in an operation to nab the accused person as he received it. However, in the course of proceedings, the prosecutor made an application to withdraw the case under S 87(a) of the Criminal Procedure Code on account of a letter from the EACC instructing withdrawal of the matter. The matter was withdrawn and the accused person discharged.
First offence date: 18/Jan/2008
Start date: 13/Feb/2008
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 100,000.00
Type of case: Soliciting for a Benefit, Receiving a bribe
Resolution comments:
Charge
Plea
Fine amount
Judgement
Count 1 - Corruptly soliciting for a benefit contrary to Section 39(3)(a) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act.
Not guilty
0.00
Discharge
Count 2 - Corruptly soliciting for a benefit contrary to Section 39(3)(a) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act.
Not guilty
0.00
Discharge
Count 3 - Corruptly receiving a benefit contrary to Section 39(3)(a) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Discharge
Places
Chief Magistrates Court-Kericho
Court -
Public Service Commission
Employer at time of Offence -