ACC 5 OF 2015 - Republic vs Florence Beth Murevu and Reuben Nyaruri Oisebe
Summary: The accused persons were arraigned in court and charged with various charges, including soliciting and receiving a bribe to facilitate the release of the complainant's motor vehicle detained at the police station where the two accused persons work, dealing with suspect property and concealing evidence. However, the case was plagued with numerous requests for adjournments by the prosecution and slow pace of prosecution of the case, further aggrevated by the complainant's lack of appearance for approximately 20 court dates over a two year period. Counsel for the accused applied for an acquittal on this basis, and the court agreed stating that the accused persons are entitled to a speedy trial, and the delay in hearing this case was to their detriment. The court therefore acquitted the accused persons under S 202 Criminal Procedure Code for want of due diligence by the complainant.
First offence date: 22/Jun/2015
Start date: 14/Jul/2015
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 0.00
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
0.00
Acquittal
Count 3 - Dealing with suspect property contrary to Section 47(1)(a) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 4 - Concealing evidence contrary to Section 66(2) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Persons
Hon L. Ambasi (Magistrate)
Email:
Mr Musyoka (Prosecutor)
Email:
Mr Kiogora (Advocate)
Email:
Mr Omari (Advocate)
Email: