High Court Anti Corruption and Economic Crimes Revision No. 5 of 2017 - Republic vs Juma Kalume Kalama
Summary: Accused was arrested and charged with a bribery offence under S 39 of the Anti Corruption and Economic Crimes Act. The court ruled that the Section had since been repealed by the S 23 Bribery Act, and as such the charge was incompetent under the CPC and duly rejected it. The DPP sought revisionary orders on the basis that the magistrate erred in law in delivering the ruling dismissing charges against the accused person. The court held that to some extent the trial court misapprehended the law, and that it should have instead discharged the accused person under Section 87(5) of the Criminal Procedure Code. Court granted revisionary orders placing the DPP atliberty to prefer proper charges against the accused.
First offence date: 23/Dec/2016
Start date: 02/Aug/2017
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 0.00
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
Application allowed
Count 2 - Corruptly giving a benefit contrary to section 39(3)(b) as read with section 48(1) of Anti Corruption and Economic Crimes Act
Not guilty
0.00
Application allowed