ACC 2 OF 2016 - Republic vs Raphael Nguma Kimilu
Summary: The accused, in his capacity as OCPD, was charged in court for soliciting and receiving a bribe from Hagadera Matatu Operators allegedly as an inducement to allow the continution of public service vehicle business without action being taken by police officers under his command when a traffic offence is committed. This prompted the matatu operator chairperson to report the matter to EACC officials who facilitated recordings to verify the complaint and prepared a trap for the accused using treated money. The accused was arrested as he allegedly received the money. However, upon reviewing the recording in court, it was established that there was no where the accused person assured the complainant that matatu operators would operate smoothly without police interference. The IO did not also independently verify that the voice in the recording as belonging to that of the accused. There was also doubt on the status of the complainant as the matatu operator chairman. The state did not also produce call dta from Safaricom showing the accused person and the complainant spoke on the material dates. The court found that there were doubts on whether the accused received any moneyy from the complainant and in considering the totality of the evidence before it proceeded to acquit the accused.
First offence date: 06/Mar/2016
Start date: 01/Jan/2016
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 20,000.00
Type of case: Soliciting for a benefit
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
Hon C.Maundu (Magistrate)
Email:
Mr Balongo (Prosecutor)
Email:
Mr Nzili (Advocate)
Email:
Mohammed Boru (Investigator)
Email: