ACC 4 OF 2014 - R vs Victor Abuga & 4 others

Summary: The accused persons were arraigned in court and charged with various offences including soliciting and receiving a bribe as an inducement to release three lorries detained at the Mariakani weigh bridge, as well as conceiling evidence of corruption. The complainant visited EACC offices and filed a complaint, where EACC officers facilitated recordings to verify the complaint and prepared treated money in preparation for a sting operation to nab the accused person. The accused persons were arrested having allegedly received the bribe. It was later established in court that the treated money was never recovered, and that none of the accused persons had traces of the trace chemical. The IO did not also get a court order before getting phone transcripts from Safaricom. There were discrepancies in testimony as to the plate numbers of the allegedly detaied trucks. Nowhere in the transcripts did the 1st accused person solicit for a bribe. Voice matching was also not done on the recording to identify any of the accused persons. The court held that the evidence before it failed to prove that the accused person had received a bribe as evidence did not place the accused person at the scene. The court proceeded to acquit the accused persons of all charges under Section 210 of the Criminal Procedure Code.

Fist offence date: 26/Apr/2014
Start date: 29/Apr/2014
Ruling date: 01/Jan/1970
Defendant plea: Not guilty
Amount involved: KES 0.00
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 -

Kenya National Highways Authority

Employer at time of Offence -