ACC NO 24 OF 2018 - Republic vs Benson Oliang'a Oraro and John Benard Murioki
Summary: In the period in question, The Nairobi City County workers had threatened to go on strike to demand unpaid their salaries. Upon receiving this notice, the Governor Nairobi County sent his PA to go meet with the Union Officials, wherein he met the accused persons. The accused persons demanded a bribe of 1,000,000/= which was negotiated down to 200,000/= for them to influence Nairobi City County Workers not to go on strike, prompting the Governor to report the same to the EACC. EACC facilitated recordings to verify the complaint and laid a trap using treated money. The accused persons were nabbed by EACC officials as they received the money and the treated money recovered. The recordings on the day of arrest however failed as the device was not able to record. However, contradictions in terms of the amounts demanded and the dates on which the amounts were demanded, coupled with the fact that there were no recordings at the scene to demonstrate the demand, as well as the results of a government analysis of items sent for analysis showing that the items belonge to one Stephen Nguli, who was not an accused in this case led to the court finding that the prosecution had failed to establish a prima facie case against the accused persons, and proceeded to acquit them.
First offence date: 13/Oct/2017
Start date: 01/Jan/2018
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 200,000.00
Type of case: Bribery
Resolution comments:
Charge
Plea
Fine amount
Judgement
Count 1 - Receiving a bribe contrary to S 6(1)(a) as read with S18 as read with S27 of the Bribery Act
Not guilty
0.00
Acquittal
Count 2 - Receiving a bribe contrary to S 6(1)(a) as read with S18 as read with S27 of the Bribery Act
Not guilty
0.00
Acquittal
Count 3 - Receiving a bribe contrary to S 6(1)(a) as read with S18 as read with S27 of the Bribery Act
Not guilty
0.00
Acquittal
Count 4 - Receiving a bribe contrary to S 6(1)(a) as read with S18 as read with S27 of the Bribery Act
Not guilty
0.00
Acquittal
Count 5 - Receiving a bribe contrary to S 6(1)(a) as read with S18 as read with S27 of the Bribery Act
Not guilty
0.00
Acquittal
Count 6 - Conspiracy to commit an economic crime contrary to Section 47 (A)(3) as read with Section 48 of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal