ACC 21 OF 2015 - Republic vs Ali Kulane Alio
Summary: The accused person was charged in court with offering a bribe to the complainant, the Mandera County Commissioner, as an inducement to facilitate the release of his brother, who had been charged with the offence of being in possession of ammuninition, from remand. The complainant reported the matter to EACC officials, who listened to earlier recordings made by the complainant and established that the accused had made an offer of 150,000/=. They needed further evidence on the same and fitted the complainant and his office with an audio and video device and asked him to call the accused person to his office for a talk. They spoke, and the accused person left. The complainant told the court that in that conversation the accused person did not come straight on the issue of the money, and that when he asked the accused about the money, the accused promised he would bring it, but he never came back. The court in reviewing the transcripts noted that it was the complainant who was pushing the accused to offer a bribe, when he was merely seeking for help or advice. The court further noted that the accused person did not take any positive steps towards paying the alleged benefit. The court also considered the tstimony of the accused that the complainant was harrassing him with calls to the point where he switched off his phone. The court considered this a clear case of entrapment, which was a violation of the right to a fair trial. The court held that the prosecution had failed to prove its case beyond reasonabe doubt and proceeded to acquit the accused person.
First offence date: 22/Jul/2015
Start date: 17/Dec/2015
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 150,000.00
Type of case: Bribery
Resolution comments:
Charge
Plea
Fine amount
Judgement
Count 1 - Corruptly offering benefit contrary to Section 39 (3)(b) as read with Section 48(1) of the Anti Corruption and Economic Crimes
Not guilty
0.00
Acquittal
Count 2 - Corruptly offering benefit contrary to Section 39 (3)(b) as read with Section 48(1) of the Anti Corruption and Economic Crimes
Not guilty
0.00
Acquittal