AC 7 OF 2007 - Republic vs Wilson Nzau Kinyala
Summary: The accused person was arraigned in court and charged with 2 counts of soliciting a bribe as an inducement to falsify the land register in favour of the complainant in respect of a land dispute between him and his neighbour. The complainant reported the matter to the KACC where officals facilitated recordings to verify the complaint, following which the accused person was arrested and charged in court. In reviewing the evidence, the court held that in count 1, the recordings did not show any soliciting words. Further, it was established that the accused person was not in office on that particular date, rather, he was in his home village. The IO on the other hand testified that he did not receive the initial report and therefore, he wasn't sure if there was a complaint of soliciting. The same argument applied in count 2. Court concluded that overall evidence before court was not enough to sustain the charges and accordingly acquitted the accused person of all charges under S 215 of the Criminal Procedure Code.
First offence date: 18/Jul/2007
Start date: 31/Jul/2007
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 2,000.00
Type of case: Soliciting for a Benefit
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
Acquittal
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
Acquittal