AC 2 OF 2015 - Republic vs Job Nyaberi and 2 Others
Summary: The accused was charged in court for allegedly soliciting and receiving a 5000/= bribe as an inducement to release the complainant's motorbike which was held at his stationed police post. Prosecution in the course of proceedings made an application for dismissal under Criminal Procedure Code S 87(a) guided by directions from the DPP citing the high court case that found and held that the board of the EACC at the time of investigating this case was not properly constituted. Counsel for accused prayed for an acquittal under Criminal Procedure Code S 204. Accused acquitted under S 204.
First offence date: 13/May/2015
Start date: 22/May/2015
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 5,000.00
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
Persons
Job Nyaberi (Accused person)
Email:
Hon L. Ambasi (Magistrate)
Email:
Mr Kinyua (Prosecutor)
Email:
Mr Ndubi (Advocate)
Email: