AC 11 OF 2005 - K.P Embu vs Francis Theuri
Summary: The accused person was charged with soliciting and receiving a bribe as an inducement to two persons charged with murder from police custody. The complainant having realized that his mother and brother had been arrested and had stayed in custody for almost a month, decided to follow up on the matter. In the course of his enquiries, he encountered the accused who told him he wanted 10,000/= so he could release the two because there was nothing to connect them to the offence. The complainant reported the matter to KACC, where officials facilitated recordings and treated money which the accused was nabbed as he received. The court in reviewing the evidence before it concluded that the recordings showed that the accused demanded for money and that his conduct in meeting the complainant at a bar was fishy. Further, traces of the chemical used to treat the money were found on his coat and hands, proving he had come into contact with the money. The court accordingly convicted the accused under 215 Criminal Procedure Code.
First offence date: 28/May/2005
Start date: 30/Jun/2005
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 10,000.00
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
10000.00
Conviction
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
10000.00
Conviction