ACC 15 OF 2009 - Republic vs Thomas Opeto Korinyang
Summary: The accused person was charged with 3 counts of solicitation and 1 count of receiving a bribe in relation to the detention of the complainant's car on grounds of obstruction. The accused demanded a 20,000/= bribe for him to relaese the car. This prompted the accused to report the mater to KACC, where officials facilitated recordings and treated money which the accused was arrested as he took from the complainant in an operation by the KACC officers. The accused claimed the complainant owed him money, which the complainant was just returning. However, recordings proved otherwise as at no point did the accused mention a debt in the recordings. The court in reviewing the totality of the evidence before it found that the prosecution had proven its case and accordingly convicted the accused on all counts.
First offence date: 04/Nov/2009
Start date: 11/Nov/2009
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 23,000.00
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
30000.00
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
30000.00
Conviction
Count 3 - 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
30000.00
Conviction
Count 4 - 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
30000.00
Conviction