ACC 4 OF 2014 - Republic vs Javan Mwiti Nguthuri
Summary: The accused person was arraigned in court to answer to charges of soliciting and agreeing to receive a bribe as an inducement to allow the compainants to take pictures at the said University. It was alleged that the complainant demanded a cut of all proceeds made by the complainants and proceeded to barr them from accessing Multimedia University, prompting the complainants to report the matter to EACC who facilitated recordings and prepared trap money which they used to nab the accused person. The accused in his defence stated that he was merely demanding a debt from the two and that the complainants were using the EACC to try to get out of paying him. It was also established that the two were barred by the Chairman through the chief security officer and not the accused person. No evidence was produced linking the accused with the complainants' payments. Further, recordings referred to a debt and not a bribe as alleged. The court concluded that the intended defence would definitely succeed as the act of solicitation had not been unequivocally established. Further, it was curious to the court that the complainants had to be compelled to testify. Accordingly, the accused was acquitted under Section 210 of the Criminal Procedure Code.
First offence date: 01/Apr/2014
Start date: 01/Jan/2014
Ruling date: 01/Jan/1970
Amount involved: KES 20,000.00
Type of case: Soliciting for a benefit, Receiving a bribe
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.
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.
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