ACC 1 OF 2015 - Republic vs Dr Nicholaus Koome Guantai
Summary: The accused person was arraigned in court and charged with 2 counts of solicitation and 1 count of receiving a bribe as an inducement to supervise the exhumation and postmorterm of the complainant's son. The complainant reported the incident to the EACC, where officers tasked with investigations facilitated recordings and treated money which was used to nab the accused person. In reviewing the evidence before it, the court stated the exhuming a body is purely a police function, and the accused person was not. As fo the post mortem, the court noted investigators' hurried to conclude investigations, which left unexplained questions, key of them being where the post morterm was done. It was testified in court that public doctors could do private practice, and therefore, if the accused person performed it in his role as a private doctor then he would be entitled to charge fees he deemed proper for the service. Further, none of the witnesses placed before the court were able to tell where the post mortem was done, and as such, this benefit of doubt would go to the accused. Court proceeded to acquit him of all charges under S 215 of the Criminal Procedure Code.
First offence date: 01/May/2015
Start date: 14/Jan/2015
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 25,000.00
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
0.00
Acquittal
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
0.00
Acquittal