ACC 14 OF 2015 - Republic vs Samuel Kibet Cheruiyot
Summary: The accused person was charged in court with soliciting and receiving a bribe from the complainant as an inducement so as to assist him in reconnection of disconnected power supply in his premises. Power connection at the complainant's premises had been tampered with, which prompted the complainant to report the matter at KPLC offices, who came to the site and verified the same. Later, they came and reconnected supply to one person only. The complainant went back to KPLc to complain, at which point he encountered the accused person who demanded a 20,000/= bribe for reconnection, later negotiated down to 10,000/=. The complainant reported the matter to EACC, where officials facilitated recordings and treated money to give to the accused person, who was promptly arrested as he received it. The court noted that the evidence adduced in court did not make reference to events happening on the date established in count 1, and therefore acquitted him under S 215 Criminal Procedure Code as no case was established. As for count 2 and 3, the court noted that from the transcripts, the demand for a bribe was evident and the intention was to facilitate the reconnection of power. Swabs also confirmed that the accused person had received the money, which was corroborated by witness testimony. The court found the accused person guilty in count 2 and 3 and convicted him under S 215 Criminal Procedure Code.
First offence date: 09/Sep/2015
Start date: 13/Jul/2015
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 20,000.00
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 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
150000.00
Conviction
Count 3 - 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
150000.00
Conviction