AC 4 OF 2014 - Republic vs Tom Dulla Odeny
Summary: The accused person was arraigned in court to answer to solicitation charges in relation to an incident where in his capacity he solicited for a bribe of 150,000/= from the complainant as an inducement to facilitate approval of a loan application to the complainant's company. The complainant reported the matter to the EACC who facilitated recordings and prepared treated money which the accused failed to go collect. It is on the basis of these recordings that the accused was arraigned in court. In court, it was shown that the application proceeded and was rejected. The court in listening to the recording was satisfied that the accused had been properly identified and that the complainant indeed made a demand for a bribe, and put him on his defence. The accused confirmed that indeed there was mention of the 150,000/= as intimated in the recordings, but in his defence he stated that he asked for the funds to be lawfully paid as feasibility study fees for use by the technical committee and that the case was an entrapment and the IO had coached P1 on how to fix him. However in reviewing the evidence before it, the court concluded that the averments by the defence were not credible, and that the accused person indeed intended on soliciting for a bribe. The court found him coulty on count 1, but acquitted him on count 2 on grounds that the events leading to count 2 were a continuation of the events in count 1, not fresh solicitations.
First offence date: 11/Sep/2013
Start date: 20/Dec/2013
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 150,000.00
Type of case: Soliciting for a benefit
Resolution comments:
Charge
Plea
Fine amount
Judgement
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.
Not guilty
0.00
Conviction
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
Persons
Hon W. Kagendo (Magistrate)
Email:
Ms E. Gicheha (Prosecutor)
Email:
Mr Ondieki (Advocate)
Email:
Miss Ndinda (Advocate)
Email:
Places
Chief Magistrates Court-Nyeri
Court -
Ministry of Industrialization Enterprise Development
Employer at time of Offence -