Rada by TI Kenya

ACC 6 OF 2004 - Republic vs Kenneth Kipkemoi Setim and Jossy Mwikali Kioko

Summary: The accused person was charged in court with soliciting and receiving a bribe as an inducement not to charge alleged NSSF arrears of 3 million shillings on the complainant's restaurant. It was the prosecution's case that the accused persons after a series of arm-twisting stunts against the complainant, demanded a bribe of 800,000/= in exchange of which they would assist him with a matter related to payment of NSSF arrears due from him. The accused person was expected to make a downpayment of 200,000/=, which was later negotiated down to 50,000/=. The complainant reported the matter to anti-corruption offices where officials facilitated recordings to verify the complaint and given treated money to take to the accused persons. They were arrested having received the money. The court intepreted the accused persons' conduct as haboring ill motives against the complainant who the court noted had submitted to their authority for guidance and compliance. Transcripts also clearly proved that the accused persons explicitly demanded a bribe from the complainant with the promise of assisting him with the matter, further even negotiating payment installments. Swabs taken from the accused persons effects confirmed that the two had come into contact with the money. The court accordingly found the accused persons guilty on all counts and convicted them under S 215 of the Criminal Procedure Code.

First offence date: 23/Jul/2002

Start date: 04/Mar/2004

Ruling date: 01/Jan/1970

Defendant plea:

Amount involved: KES 200,000.00

Type of case: Corruption

Resolution comments:

Charge

Plea

Fine amount

Judgement

Count 1 - Corruption in Office contrary to Section 3(1) of the Prevention of Corruption Act (Repealed) as read with Section 23(3) of the Interpretetions and General Provisions Act

Not guilty

800000.00

Conviction

Count 2 - Corruption in Office contrary to Section 3(1) of the Prevention of Corruption Act (Repealed) as read with Section 23(3) of the Interpretetions and General Provisions Act

Not guilty

500000.00

Conviction