CRIMINAL CASE NO 239 OF 2008 - Republic vs Moses Jones Meroka
Summary: The accused person at the time of the incident was on leave when he received a call from the complainant who requested to have his P3 form filled. The accused person asked the complainant to pay 1000/= to have the form filled, which he later negotiated down to 800/=. The complainant feeling aggrieved, reported the matter to EACC offices where recordings were facilitated to establish the demand, and treated money prepared to nab the accused. The accused took the money and asked the complainant to come for a receipt on Monday as it was then a Friday and gave him a note to go have the P3 form filled at the hospital. It was at this point that he was arrested. The court in reviewing the evidence before it concluded that recordings clearly established that the accused person indeed solicited for a bribe from the complainant. Further, the court stated that the accused person being on leave, had no business transacting official business, and that monies paid for services on public officers are paid to cashier in exchange of receipts and not to the public officials themselves. The court found that the charges had been proved beyond reasonable doubt and accordingly convicted the accused person.
First offence date: 17/Jun/2008
Start date: 23/Jun/2008
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 1,000.00
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
100000.00
Conviction
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
100000.00
Conviction
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
Conviction