ACC 7 OF 2013 - Republic vs Raphael Nzuki Mwikya
Summary: The accused was arraigned in court to answer to charges of solicitation and receiving a bribe from the complainant, the Chief Accountant SMEP Ltd as an inducement to correct omissions made in the said company's statements of accounts. It was the prosecution's case that the complainant solicited for 500,000/= which was later revised to 450,000/= so as to correct a tax demand by KRA of 18,134,598/=. The complainant reported the matter to EACC officials who facilitated recordings and prepared treated money which they used to nab the accused. Swabs from the accused person's hands contained APQ, which indicated that the accused had come into contact with the treated money. The accused did not question the substance of the recordings played in court. It was noted that the accused person expressly demanded for a bribe, and from the same transcripts it was noted that the accused person appointed the meeting place where he was to receive the bribe money. The court proceeded to convict him on all charges under S 215 of the Criminal Procedure Code.
First offence date: 07/Aug/2012
Start date: 19/Jul/2013
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 500,000.00
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
Conviction
Count 2 - 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