ACC 1 OF 2013 - Republic vs Tom Wafula
Summary: The accused person was arraigned in court and charged with soliciting and receiving a bribe as an inducement to assist the complainant in an ongoing investigation of bribery. The facts of the case were that the complainant had made imports, which in the course of clearing them at the port, he bribed the accused, who promptly reported the complainant to Anti-corruption officers. Later, the accused called the complainant and apologized saying he was pushed by his colleagues to report him, and asked him to give him a 200,000/= bribe to withdraw the anti-corruption case. It was later renegotiated to 100,000/=. The complainant decided to report the matter to anti-corruption offices, where recordings were facilitated to verify the complaint and prepared treated money to be used in an operation to nab the accused, which they did as he received it. The court in reviewing the evidence before it declined to admit the recording into evidence on the basis that they did not actually capture the actions of the accused person. Further, the court considered that the accused had promised to assist the complainant in the investigation which was being carried out by the EACC, which was not his principal. The complainant was an employee of Kenya Ports Authority, which was not the institution mandated to investigate and prosecute the complainant. Therefore, the acused could not have been said to be acting in his relation to his principal's affairs or business. It is on this basis that the court dismissed the 3 charges and acquitted the accused person under 210 Criminal Procedure Code.
First offence date: 11/Feb/2010
Start date: 24/Jan/2013
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 100,000.00
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
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