ACC 2 OF 2015 - Republic vs Edward Odhiambo
Summary: The accused person was arraigned in court and charged with soliciting and receiving a bribe as an inducement to release an underage Tanzanian national who had been arrested for being in Kenya without relevant documents. In the course of trial, key prosecution witnesses gave evidence hostile to the prosecution. The complainant who was alleged to have given the bribe denied having paid any bribe or having reported the matter to EACC. The officer commanding police station also stated that it was he that authorized the release of the detained person on humanitarian grounds, and that no bribe was paid thereof. The court also noted the fact that the accused was not found or seen receiving or soliciting the bribe. The court proceeded on the basis of this to acquit the accused person of all charges under S. 215 Criminal Procedure Code.
First offence date: 12/May/2014
Start date: 16/Feb/2015
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 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
Places
Chief Magistrates Court, Mombasa
Court -
National Police Service
Employer at time of Offence -