ACC 18 OF 2014 - Republic vs Stephen Ambogo Ouma
Summary: The accused person was arraigned in court and charged with 1 count of solicitation and 1 count of receiving a bribe as an inducement to facilitate the release of two persons arrested for an offence of making a document without authority. It was the prosecution's case that while in custody, the two persons called the complainants informing them of their arrest. The complainants while following up on the incident encountered the accused person who demanded for 100,000/= in order to do away with the case. The complainants reported the matter to KACC, where officials facilitated audio and video recordings to verify the complaint and treated money which the accused person was arrested as he received. The court in reviewing the evidence before it concluded that the video evidence on record of the accused meeting with the complainants, it was clear that the accused person had contact with the treated money. Video evidence showed the accused person standing next to the money moments after he dropped it when KACC officials stormed in to arrest him. Further, the court held presence of the APQ chemical used to treat the money on his hands in in his trousers was proof that the accused person had received the bribe money. The court convicted him under S 215 Criminal Procedure Code.
First offence date: 02/Jul/2007
Start date: 18/Aug/2014
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 0.00
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
Acquittal
Count 2 - 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
300000.00
Conviction