ACC 20 OF 2014 - R vs Justus Ronoh Kibet

Summary: The accused person was charged in court with corruptly soliciting and receiving a 5000/= bribe as an inducement to forebear charging the complainant with an alleged traffic offence. The complainant reported the matter to EACC officials who facilitated recordings and prepared trap money which the complainant was arrested while receiving. Evidence adduced in court showed that the accused had contact with the treated money. However, in reviewing the contents of the charge sheet, the court noted that the intention was to forebear charges against the complainant, but that evidence showed the accused was actually charged, convicted and sentenced. Also, the court noted that the charges against the police officer made reference to forebearing a charge in court, which was not related to the affairs of the accused's principal, as that was the DPP's function. Futher, the court noted that from the recordings played in court, at no place did the accused demand fo a bribe. What is in doubt is the accused person's precise intention as far as the 5000/= which he received was. However, all things considered the court concluded that the charges had not been sufficiently established and acquiited the accused under S 210 of the Criminal Procedure Code.

Fist offence date: 04/Jul/2014
Start date: 01/Jan/2014
Ruling date: 01/Jan/1970
Defendant plea: Not guilty
Amount involved: KES 15,000.00
Type of case: Soliciting for a benefit
Type of Charge:
Type of Judgement: Acquittal
Fine amount: KES 0.00

Resolution comments:

Places

National Police Service

Employer at time of Offence -