CRIMINAL CASE NO 20 OF 2005 - Republic vs Joseph Ndemo Mulewa
Summary: The accused person was arraigned in court and charged with corruptly agreeing to receive a bribe and corruptly receiving a bribe as an inducement to terminate a criminal case involving the complainant. The accused was alleged to have demanded 5,000/= from the complainant to terminate the case, failure to which he would go to jail. The matter was reported to KACC, who facilitated recordings and treated trap money which were used to nab the accused as he received it. In reviewing the substance of the charge sheets, the court rejected count 2 stating that as per the law, the charges as framed on the charge sheet ought to have been alternatives, not stand alone charges and therefore proceeded only with count 1. The government chemist found traces of the chemical used to treat the money on the swabs of the accused's hands. Transcripts of audio and video recordings showed that the accused indeed received a bribe, and on the basis of this and the totality of the evidence before it, the trial court accordingly convicted the accused person
First offence date: 16/Aug/2005
Start date: 17/Aug/2005
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 5,000.00
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
0.00
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
0.00
Acquittal