ACC 3 OF 2006 - Republic vs Brown Yakhama Inziani
Summary: The accused person was arraigned in court and charged with soliciting a bribe as an inducement to forebear charging the complainant's son with an alleged offence of piracy. The complainant's son had been arrested for piracy and equipment confiscated by Music Copyright Society Officials working with Police. The prosecution's case was that the accused person demanded 20,000 shillings from the complainant for him to release her son. She reported the matter to KACC officials who facilitated recordings and prepared trap money to nab the accused with. When the accused met with the complainant, the accused refused to accept the money, shortly after which KACC officers came in and arrested the accused. The court noted that the tape played in court was not clear, and that the possibility of mistaking voices was quite evident. Further, the court stated that the person that verified the voice in the recoring was not a voice expert, and therefore, his testimony was not credible. Being as the prosecution's case rested entirely on the tape, the court gave the accused the benefit of doubt and acquitted him of all charges under S 215 Criminal Procedure Code.
First offence date: 16/May/2006
Start date: 30/Nov/-0001
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 0.00
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