ACC 20 OF 2013 - Republic vs Nicholas Muriuki Kagoko

Summary: The accused person was charged with 4 counts of soliciting and one count of receiving a bribe. The prosecution's case was that the complainant's company after successful trials got an LPO from NTTI for supply of disinfectants. The complainant collected his LPO and made the first delivery, at which point the accused person solicited for a 3000 bribe to clear the vehicle. He ignored the suggestion and made his delivery which was delayed. Payment too delayed on account of the complainant not having paid up. In a subsequent delivery, the accused again demanded a bribe of 10,500/= which included the initial demand and other charges. At this point the complainant decided to report the matter to EACC, where officials facilitated recordings to verify the complaint and prepared treated money which was used to nab the accused. The accused denied the charges. The court in reviewing the evidence before it dismissed count 1 and 2 as there was no evidence either by witness or transcripts that the complainant ever met the accused on the said dates. In counts 3, 4 and 5, the court concluded from the recordings that the accused person explicitly demanded for a 3000/- bribe, which was part of a larger amount of 10,500/=. Following his arrest, money recovered from the complainant was shown to be the tretaed money prepared by EACC officers, confirming that he had received money from the complainant intended to be a bribe. Based on this, the court convicted the accused person on counts 3, 4 and 5 under S 215 of the Criminal Procedure Code.

First offence date: 04/Oct/2013
Start date: 22/Nov/2013
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 10,500.00
Type of case: Soliciting for a benefit, Receiving a bribe

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 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 4 - 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 5 - 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
Conviction