ACC 8 OF 2015 consolidated with ACC 9 OF 2015 - Republic vs Joyce Adhiambo Ochieng Kamire and Saleiso Miriti Rukunga
Summary: The 1st accused person was charged with 3 counts of soliciting and receiving a bribe from the complainant though the second accused who was her agent as an inducement for making a ruling in favour of the complainant's father in a land dispute. In the course of trial, the prosecution made an application for withdrawal based on a letter from the DPP issuing instructions to withdraw under S 87(a) Criminal Procedure Code stating that the EACC was at the time of investigating this matter not properly constituted, and that there was a pending appeal in CRIM App 102/2016 together with 90/2016. Counsel for the accused objected and prayed for acquittal under Section 5(1)(b)(ii) of the Office of the Director of Public Prosecutions Act. Acquittal granted.
First offence date: 10/Jun/2015
Start date: 30/Sep/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 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