CORRUPTION CASE NO. 1 OF 2013 - Republic vs Fredrick Ndonye

Summary: The accused person was arraigned in court for allegedly soliciting for a bribe from the complainant as an inducement to provide her with regular updates in relation to Misc. Applic. No. 46 of 2012. It was the prosecution's case that the accused demanded for 5000/= from the complainant in exchange for him protecting the file from getting lost. The complainant reported the matter to the EACC who facilitated recoredings to verify the complaint and laid a trap for the accused using treated money. The complainant met with the accused person, handed over the money and went back to EACC offices. Officials went to the court and searched the accused for the money, which they did not find. Swabs from the accused person's hands were taken to Government Chemist for examination, which also turned out negative. The audio recordings did not ascertain whether the voice in it was the accused person's, or whether he was soliciting for a bribe. These led the court to acquit the accused under S 215 of the Criminal Procedure Code.

First offence date: 19/Jun/2012
Start date: 31/Jan/2013
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 5,000.00
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