ACC 1 OF 2012 - Republic vs John Ongalo Laku

Summary: The prosecution's case was that the accused solicited and received a bribe from the complainant as an inducement to facilitate a favorable ruling in a land dispute in Narok where the area chief had fraudulently maneuvered some land proceedings in a bid to take over the complainant's land, which he had given to his son. In following up on the matter, the complainant encountered the accused person who asked for 80,000/= so that he and the DC could solve the issue. Feeling aggrieved, the complainant reported the matter to EACC, where officers facilitated recordings and prepared trap money, which the accused was arrested as he received it. In reviewing the evidence before it and particularly the recordings, the court noted that an independent witness was not availed to verify the accused person's voice, which diminished the evidentiary value of the recordings. Further, the court noted that to prove the case, the prosecution needed to show that the accused was acting in his official capacity to confer a favour in the exercise of his official function. It was established that the accused was not handling the land adjudication. Charge1 was thus dismissed. As for charge 2, there were stark contradictions between the particulars and statement of offence, which according to the court rendered charge 2 incurably defective. The 3rd charge was entirely dependent on proving charges 1 and 2, and as they had collapsed, the same result would occasion charge 3. Accused acquitted of all 3 charges under 215 Criminal Procedure Code.

First offence date: 09/Jan/2010
Start date: 14/Jun/2012
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 60,000.00
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 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
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

Places

Ministry of Lands

Employer at time of Offence -