ACC 24 OF 2016 - R vs Davis Mugo and Margaret Mwende Mbulu

Summary: The accused persons were attached to Kiserian Traffic Department.Acting on information that officers were taking bribes along the Kiserian Magadi road, Officers from Police Headquarters proceeded to the scene where they observed A1 at a road block receiving money from a motorist and took a video of the incident. Immediately, they approached the officer who tried to run away, but they managed to arrest him. A quick search recovered Kes. 6250 from A1 and Kes. 10,300 from A2. The driver of the vehicle observed giving the bribe was also arrested. In court, curiously, the video recording placing the accused persons receiving the bribe was not produced as it had been left at Headquarters. Also, none of the drivers who purpotedly gave the bribes were produced as witnesses. Unusually, the money which had been recovered as exhibits was reported to have been lost, only to later following a probe directed by the court, be found at Police Armory at Ngong Police Station where the IO had put them. The case was essentially bundled by the Investigating Officer, who the court wondered whether his intention in his conduct in this case was to secure an acquittal of the accused persons. The court while sympathizing with prosecuting counsel's concerted efforts to unravel the truth and present the evidence had no choice but to acquit the accused persons.

Fist offence date: 22/Nov/2016
Start date: 01/Jan/2016
Ruling date: 01/Jan/1970
Defendant plea: Not guilty
Amount involved: KES 10,300.00
Type of case:
Type of Charge:
Type of Judgement: Acquittal
Fine amount: KES 0.00

Resolution comments:

Places

National Police Service

Employer at time of Offence -