ACC 2 OF 2012 - Republic vs Joyce Karimi Mbogori
Summary: The complainant in this case reported to the EACC that the accused who was in charge of allocating stalls built for hawkers in Nkubu Market was allocating the same to rich people and leaving out the deserving ones. He reported that the accused had demanded a bribe of 150,000 for him to get a stall. EACC officials facilitated recordings to verify the complaint and prepared treated money to be used to nab the accused. The accused was arrested as he received the bribe from the complainant. Government chemist confirmed traces of APQ on the hands of the accused. The court in reviewing the evidence before it concluded that the prosecution had not proven its case in count 1 as there was no evidence showing the complainant and the accused person met on the said date. As for count 2, the court relied on the video evidence before it and was satisfied that the accused person met the complainant and solicited for a benefit of 160,000/=. In count 3, the court noted that the accused was arrested with the bundle of money prepared by the EACC officers. There were eye witnesses who testified to seeing her receive the bribe. The court proceeded to convict her in counts 2 and 4 under S 215 of the Criminal Procedure Code.
First offence date: 10/Sep/2012
Start date: 30/Nov/-0001
Ruling date: 01/Jan/1970
Amount involved: KES 160,000.00
Type of case: Soliciting for a benefit, Receiving a bribe
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.
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.
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