ACC 4 OF 2005 - Republic vs Abdulahi Jarso Dima
Summary: The accused person was charged in court with soliciting and receiving a bribe as an inducement to release the complainant's son from custody, who had been arrested and placed in custody following an incident at his school where he was suspected to have stolen books from the school bookstore. The complainant while following up on her son's case encountered the accused person who allegedly demanded for 5,000/= to release her son. Feeling aggrieved, she reported the matter to KACC where officials facilitated recordings to verify the complaint and prepared treated money to be used in an operation to nab the accused person. The trial court had reservation so count 1 as to the dates of the offence. The complainant could not remember exact dates. Further, her testimony was that she met and negotiated with another officer who was not the accused. These inconsistencies created doubts which went to the accused. As such, he was acquitted on count 1. As for Count 2, the court noted that the accused received money and did not issue a receipt for it. He put it in his pocket, where it was retrieved upon his arrest. The court also noted that the accused person was evasive while he was being cross examined, which made him look unbelieveable. Circumstantial evidence also pointed at the money being a bribe. The transcript did not at all mention that the money was for cash bail. The totality of the evidence led the court to conclude that the money was a bribe meant to facilitate the release of the complainant's son. The court accordingly convicted the accused on count 2.
First offence date: 06/Jan/2005
Start date: 07/Jan/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
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
10000.00
Conviction