AC 4 OF 2009 - Republic vs Paul Nyamai Moki
Summary: The accused person was charged with 2 counts of allegedly soliciting and one count of receiving a bribe from the complainant as an inducement to facilitate the release of his shipment, a 20-ft container. This was following screening at the port which showed an object resembling a gun in his consignment, during which the complainant was called and referred to the accused, who demanded a 30,000/= which would not be recepted, to have his shipment cleared. The complainant reported the matter to KACC officials who facilitated recordings and prepared treated money which they used to nab the accused as he received it from the complainant. The court reviewed the recordings before it, in which clearly the accused was demanding for a 30,000/= bribe. Witnesses identified the voice of the accused person, and as such the court had no choice but to find the accused person guilty in count 1 and 2. As for count 3, the accused was arrested having received the treated money from the complainant. Video evidence showed the accused person receiving the money and placing it in his pocket. Swabs taken from his palms and his trousers all tested positive for the chemical used to treat the money. The court found the third count equally proved, and accordingly convicted the accused on all 3 counts.
First offence date: 19/Mar/2009
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
100000.00
Conviction
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
100000.00
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
100000.00
Conviction
Places
Chief Magistrates Court, Mombasa
Court -
AGS Worldwide Movers Ltd
Employer at time of Offence -