[2017] KEMC 121 (KLR)
The court found that Section 39 of the Anti-Corruption & Economic Crimes Act was repealed by the Bribery Act, 2016, which came into effect on 13 January 2017. Section 27(2) of the Bribery Act provides that any investigation or prosecution instituted before the commencement of the Act shall be treated as if...
Source-derived case information.
- Citation
- [2017] KEMC 121 (KLR)
- Parties
- Applicant: Republic; Defendant: Henry Ngugi Njeru
- Court
- Magistrate's Court
- Court Station
- Anti-Corruption Magistrate's Court
- Jurisdiction
- Kenya
- Case Number
- Anti-Corruption Case 15 of 2017
- Procedural Posture
- Anti Corruption Case / Ruling on Plea and Validity of Charge
- Outcome
- charges rejected and accused discharged
- Judges
- LN Mugambi
- Legal Topics
- Anti Corruption Offences, Statutory Repeal Effects, Criminal Procedure, Bribery Act Transition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Henry Ngugi Njeru
Defendant
Procedural Posture
Anti Corruption Case / Ruling on Plea and Validity of Charge
Legal Issues
- 1 Whether charges under the repealed Section 39 of the Anti-Corruption & Economic Crimes Act can be sustained after the commencement of the Bribery Act, 2016.
- 2 Whether investigations or prosecutions commenced under the old Act but not completed before repeal can proceed under the repealed provisions.
- 3 Whether the prosecution's framing of charges under the old law is compliant with the current legal framework.
Ratio Decidendi
The court found that Section 39 of the Anti-Corruption & Economic Crimes Act was repealed by the Bribery Act, 2016, which came into effect on 13 January 2017. Section 27(2) of the Bribery Act provides that any investigation or prosecution instituted before the commencement of the Act shall be treated as if instituted under the new Act, with necessary modifications. Since the investigation in this case was not completed before the repeal, and the charges were framed under the repealed provision, the court held that the prosecution could not proceed under the old law. The charges must be brought under the new Bribery Act, not the repealed section of ACECA. The court therefore declined to...
Court Disposition
charges rejected and accused discharged
Orders
- The charges as framed are declined for non-compliance with the law.
- The accused is discharged under section 89(5) of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
23 paragraphs
Republic v Njeru (Anti-Corruption Case 15 of 2017) [2017] KEMC 121 (KLR) (Anti-Corruption and Economic Crimes) (24 August 2017) (Ruling)
Republic v Henry Ngugi Njeru [2017] eKLR
Neutral citation: [2017] KEMC 121 (KLR)
Republic of Kenya
In the Anti-Corruption Magistrate's Court
Anti-Corruption and Economic Crimes
Anti-Corruption Case 15 of 2017
LN Mugambi, CM
August 24, 2017
Between
Republic
Prosecutor
and
Henry Ngugi Njeru
Accused
Ruling
1. The charges against the accused for which he is before me for plea are expressed to be brought under section 39 [3] [a] as read with section 48[1] of Anti-Corruption & Economic Crimes Act No.3 of 2003.
2. The offence is alleged to have been committed on 5. 11. 2016. The new bribery Act No.47 of 2016 took effect from 13. 1.2017. It repealed Section 39 of Anti-Corruption & Economic Crime Act by dint of Section 23 of the Act.
3. Of concern to this court however, in reference to the present charges is Section 27 [2] which addresses the issue of pending case, or investigations that were being under taken under Anti-Corruption & Economic Crimes Act, 2033.
4. In particular, Section 27 [2] reads:-“Any investigation or prosecution or court proceedings instituted before the commencement of this Act, based on an offence under this Act shall, with necessary modifications, be treated or continued as if they were instituted under this Act”
5. In essence therefore, it means if an investigation was commenced under the old Act, but by the time Section 39 of ACECA was being repealed, it was not yet completed, then following the commencement of the Bribery Act, the new Act takes over and such charges or report of that investigations can only be expressed to be under the new Act and not the old provision, of ACECA as the prosecution attempts to do in this case.
6. Consequently, I decline to accept the charges as framed suo moto for non compliance with the law as clearly expressed. I discharge the accused under section 89 [5] of the Criminal Procedure Code.
L.N. MUGAMBI [MR]CHIEF MAGISTRATE24. 8.2017