ACC 4 OF 2014 - Republic 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.
First offence date: 26/Apr/2014
Start date: 29/Apr/2014
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 18,000.00
Type of case: Soliciting for a benefit, Receiving a bribe
Resolution comments:
Charge
Plea
Fine amount
Judgement
Count 1 - Conspiracy to commit an offence of corruption contrary to Section 47 A as read with Section 48 (1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
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.
Not guilty
0.00
Acquittal
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
Not guilty
0.00
Acquittal
Count 4 - Concealing evidence contrary to Section 66(2) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 5 - 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.
Not guilty
0.00
Acquittal
Count 6 - 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.
Not guilty
0.00
Acquittal
Count 7 - Corruptly receiving a benefit contrary to Section 39(3)(a) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 8 - 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.
Not guilty
0.00
Acquittal
Count 9 - 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.
Not guilty
0.00
Acquittal
Persons
Moses Marwa (Accused person)
Email:
Mr Oloo (Advocate)
Email:
Mr Obura (Advocate)
Email:
William Sang (Investigator)
Email:
Places
Chief Magistrates Court, Mombasa
Court -
National Police Service
Employer at time of Offence -
Kenya National Highways Authority
Employer at time of Offence -