ACC 5 OF 2012 - Republic vs Albert Yawa Katsenga
Summary: The complainant while driving along Kisii Kisumu highway was stopped by custom officers who demanded to see the documents of the motor vehicle. He provided copies, which the officers declined and detained the vehicle. The complainant later produced the original documents which were reviewed by one of the officers and told the car would be released. Thisnever happened. The accused continued to detain the vehicle and demanded a 30,000/= shilling bribe for it to be released. The complainant reported the matter to EACC where officers facilitated recordings to prove the complaint, and laid a trap for the accused person. The complainant then sent the money to the accused person and the accused released the vehicle. Recordings played in court showed that the accused demanded a bribe from the complainant. Data from the accused person's phone as well as mpesa statements showed that the accused person indeed received the 20,000/= bribe, after which he released the vehicle. The court heard that the accused had no reason to detain the vehicle as it was fully compliant, and that it was only after he received the 20,000/= that he released the vehicle. The court found the accused person guilty of all charges and convicted him under S 215 of the Criminal Procedure Code.
First offence date: 05/Oct/2010
Start date: 30/Nov/-0001
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 30,000.00
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
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
300000.00
Conviction