ACC 12 OF 2005 - K.P Embu vs Walter Oyongo
Summary: The complainant had his car arrested and he was ordered to drive it to Muranga Police Station. While following up on his case, he encountered the accused person who instructed him to look for 10,000/= and come with it the next day. The complainant didn't have thatmoney and decided to report the matter to KACC, where officers fitted the complainant with a recording device to verify the complaint. He met with the accused who demanded 5,000/=, and returned to the KACC officers who gave him 5000/= treated money which he returned and gave the accused person, who in turn gave him his car keys. In reviewing the recording, the court was satisfied that the money was meant to be a bribe, and that immediately he recieved it, he released the complainant's car, which was proof of receipt. Further, the accused person's hand swab, money swab and wallet swab all contained traces of the control APQ powder used to treat the money. The court founf that the prosecution had proved the charges against the accused person beyond reasonable doubt and accordingly convicted him under S 215 Criminal Procedure Code.
First offence date: 04/Jul/2005
Start date: 06/Jul/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
Conviction