ACEC CRIM APPEAL NO 6 OF 2017 - R vs Alphonce Mutua Vata and Peter Onyango Morre

Summary: The repondents in this case had been arraigned in the magistrates court charged with soliciting and receiving a bribe. The facts of the case were that the complainant, a resident in A1's jurisdiction, while building a stall, received a call from A1 warning him to stop the construction as he had not sanctioned it. The complainant proceeded, and A1 sent agents to go and confiscate tools belonging to the complainant. The complainant alleged that following demands from A1 that he pay 5,000/= for the tools to be released, he met with an officer Akeki, who asked him to place a call to A1 and place it on loud speaker. EACC facilitated recordings to verify the complaint and gave the complainant 5000/= treated trap money. The complainant proceeded to the Chief's office, who delegated the transaction to A2, who demanded 2000/= for the tools to be released. The complainant gave A2 the 2000/= at which point EACC officials came in and arrested A2 and recovered the 2000/= from him. A2 claimed he had received the money on behalf of A2. Counsel for the the accused submitted that there was no express and unequivocal demand by A1 and that no evidence was adduced to show that the accused were public servants as is required to prove a charge under the S 39 and 48 of the Anti Corruption and Economic Crimes Act. The magistrate court agreed and acquitted the accused persons. The ODPP appealed this decision contending that the magistrate erred inlaw in acquitting the accused persons. In considering the facts of the case and the evidence from the trial case, the learned Judge concluded that while A1 was indeed a public officer, there was no evidence showing that he demanded a bribe from the complainant, and as such, the court had to acquit. As for A2, he was a village elder, and as such he was not a public officer as per the definitions of the Anti Corruption and Economic Crimes Act which he was charged under, and therefore a charge couldn't be sustained against him under said law.

Fist offence date: 13/Aug/2014
Start date: 01/Jan/2017
Ruling date: 01/Jan/1970
Defendant plea: Not guilty
Amount involved: KES 5,000.00
Type of case: Soliciting for a benefit, Bribery
Type of Charge:
Type of Judgement: Acquittal
Fine amount: KES 0.00

Resolution comments: