ACC 1 OF 2013 - Republic vs Beatrice Wangeci Mugo
Summary: The complainant in this case reported her then 9-year old missing. Probation officers helped her to trace the child to a children's home in Kapenguria. She decided she wanted her child to be placed in a rehabilitation school and in seeking for this service she encountered the accused at Kerugoya Children's Office acting as an office secretary. The accused told her she would be assisted if she parted with 20,000/=. She reported the matter to the EACC where they facilitated recordings to verify the complaint and prepared treated money which the accused was arrested as she received it. Swabs from the accused's hands tested positive for APQ. In reviewing the recordings in court, the court noted that they were unclear and it could not be ascertained that the voice in it was the voice of the accused. The court also had doubts as to whether the bribe money was meant for the accused of the accused person's boss, and as such, the benefit of doubt would go to the accused. The court held that the prosecution had failed to prove its case beyond reasonable doubt and acquitted the accused person of all charges.
First offence date: 28/May/2010
Start date: 19/Jul/2012
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 20,000.00
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
0.00
Acquittal