[2019] KEMC 4 (KLR)

[2019] KEMC 4 (KLR)

The court found that the prosecution proved beyond reasonable doubt that the accused, a public officer, solicited and received a bribe of Kshs.3,000/- from the complainant for the release of a detained motorcycle. The evidence of the complainant and EACC officers was consistent and corroborated by the use of marked and treated currency, as well as the sequence of events leading to the accused's arrest. The accused's resistance, incitement of colleagues, and escape with the bribe money and handcuffs constituted obstruction of justice and concealment of evidence. The accused's defence was found to be unconvincing and not supported by the evidence. Consequently, the court convicted the...

Citation
[2019] KEMC 4 (KLR)
Parties
Applicant: Republic; Defendant: Joshua Okanga Amokola
Court
Magistrate's Court
Court Station
Anti-Corruption Magistrate's Court
Jurisdiction
Kenya
Judgment Date
3 April 2019
Case Number
Anti-Corruption Case 6 of 2018
Procedural Posture
Criminal Trial / Judgment and Sentencing
Outcome
conviction on all counts; sentence of fine and imprisonment in default
Judges
DN Ogoti
Legal Topics
Bribery Offences, Public Officer Misconduct, Obstruction of Justice, Concealment of Evidence, Anti Corruption Enforcement
Source Language
English
Criminal Law Administrative Law Bribery Offences Public Officer Misconduct Obstruction of Justice Concealment of Evidence Anti Corruption Enforcement

Case Brief

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Parties

Republic

Applicant

Joshua Okanga Amokola

Defendant

Procedural Posture

Criminal Trial / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused requested a financial advantage from the complainant as a benefit to release a detained motorcycle on 13th and 16th June 2014.
  2. 2 Whether the accused received a financial benefit of Kshs.3,000/- from the complainant.
  3. 3 Whether the accused obstructed EACC officers from arresting him and incited his colleagues to rescue him from lawful custody.

Ratio Decidendi

The court found that the prosecution proved beyond reasonable doubt that the accused, a public officer, solicited and received a bribe of Kshs.3,000/- from the complainant for the release of a detained motorcycle. The evidence of the complainant and EACC officers was consistent and corroborated by the use of marked and treated currency, as well as the sequence of events leading to the accused's arrest. The accused's resistance, incitement of colleagues, and escape with the bribe money and handcuffs constituted obstruction of justice and concealment of evidence. The accused's defence was found to be unconvincing and not supported by the evidence. Consequently, the court convicted the...

Court Disposition

conviction on all counts; sentence of fine and imprisonment in default

Orders

  • The accused is convicted on all five counts under section 215 of the Criminal Procedure Code.
  • The accused is sentenced to a fine of Kshs.150,000/= on each count, in default to serve 1 year imprisonment per count.