ACC 1 OF 2013 - Republic vs Stan Musyoka Manthi
Summary: The accused was arraigned in court to answer to charges of solicitation and receiving a bribe from the complainant as an inducement not to charge the complainant for an alleged offence of being in possession of counterfeit goods. It was the prosecution's case that anti-counterfeit officers accompanied by police officers went to the complainant's shop on a mission to check the goods he was selling for counterfeits. After the exercise they carried away some of the goods, locked down the shop and arrested the complainant. He was released on cash bail. He later visited the Anti-Counterfeit offices fo follow up on the case, where the accused person solicited 50,000/= from him for his business to be reopened. He reported the issue to Eacc officers who facilitated recordings and prepared treated money to be used to lay a trap for the accused. He was arrested as he received and counted the money. Swabs from the accused person's hands contained the chemical used to treat the money. The accused person did not also deny that it was his voice in the recordings played in court. The recordings clearly placed the accused person demanding for a bribe, and the chemical identified from the swab from his hands clearly meant that the accused had come into contact with the treated money, indicating that he had received the bribe. Court concluded that the prosecution had proven its case and convicted the accused person.
First offence date: 17/Jan/2013
Start date: 24/Jan/2013
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 50,000.00
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
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
Conviction
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
Conviction