Kenya Case Law

Ethics & Anti-Corrutpion Commission v Akivaga & another

Ethics & Anti-Corrutpion Commission v Akivaga & another (Anti-corruption and Economic Crimes Miscellaneous E024 of 2026) [2026] KEHC 8293 (KLR) (Anti-Corruption and Economic Crimes) (12 June 2026) (Ruling)

Court

High Court

Case number

Anti-corruption and Economic Crimes Miscellaneous E024 of 2026

Judge

["BM Musyoki"]

The court was satisfied that the applicant had shown a sufficient basis under section 56(1) of ACECA to preserve the identified funds, properties, and motor vehicles because there was a reasonable apprehension that the respondents could dissipate assets suspected to have been acquired through corruption, thereby frustrating investigations and making recovery impossible.

Source excerpt

• Unexplained assets
• Conflict of interest
• Abuse of office
• Bribery
• Preservation of property pending investigation
• Freezing orders

Ethics & Anti-Corruption Commission v Akivaga & another

Ethics & Anti-Corruption Commission v Akivaga & another (Anti-corruption and Economic Crimes Miscellaneous E022 of 2026) [2026] KEHC 7691 (KLR) (Anti-Corruption and Economic Crimes) (5 June 2026) (Ruling)

Court

High Court

Case number

Anti-corruption and Economic Crimes Miscellaneous E022 of 2026

Judge

["REA Ougo"]

The court found that the supporting affidavit and the facts presented disclosed a sufficient basis to invoke section 56 of the Anti-Corruption and Economic Crimes Act. Because the applicant had shown a need to preserve the identified funds to complete ongoing investigations, the court granted the prohibitory orders sought.

Source excerpt

• Preservation of property
• Investigative freezing orders
• Unexplained assets
• Conflict of interest
• Abuse of office
• Bribery

Onyango & 2 others v Republic

Onyango & 2 others v Republic (Criminal Appeal E020 of 2025) [2026] KEHC 7825 (KLR) (Anti-Corruption and Economic Crimes) (5 June 2026) (Judgment)

Court

High Court

Case number

Criminal Appeal E020 of 2025

Judge

["BM Musyoki"]

The court found that the evidence, including the complainant’s account, the trap operation, the recovered treated money, the hand swabs, and the transcript/video, established that the appellants jointly participated in, requested, and received the bribe; inconsistencies in ancillary evidence were not material enough to defeat the prosecution case. However, count 3 against the 2nd appellant was duplicitous because section 6(1) creates one offence that may be committed by request, agreement, or receipt, not separate offences for request and receipt.

Source excerpt

• Bribery
• Conspiracy to commit corruption
• First appellate re-evaluation of evidence
• Trap operation evidence
• Electronic evidence
• Duplicity of charges

Ngugi v Republic

Court

Court of Appeal

Case number

Criminal Appeal 123 of 2020

Judge

["PO Kiage", "WK Korir", "JM Ngugi"]

A second appeal against conviction for bribery under ACECA failed. The Court of Appeal upheld findings that the appellant solicited and received a bribe, and rejected entrapment and burden-shifting arguments.

• Solicitation and receipt of a bribe
• Entrapment
• Burden of proof
• Second appeal jurisdiction
• Concurrent findings of fact
• Sentence under aceca

Samba v Independent Electoral & Boundaries Commission & 2 others

Samba v Independent Electoral & Boundaries Commission & 2 others [2023] KEMC 4 (KLR)

Court

Magistrate's Court

Case number

Election Petition E003 of 2022

Judge

VO Adet

Election petition over Tudor Ward MCA election allegations of violence, KIEMS failure, voter suppression, bribery and ballot stuffing was allowed and the election nullified.

• Electoral Offences
• Voter Disenfranchisement
• Election Irregularities
• Bribery
• Violence And Intimidation
• Failure Of Electoral Process

Omondi v Republic

Omondi v Republic [2023] KEHC 356 (KLR)

Court

High Court

Case number

Anti-Corruption and Economic Crimes Appeal 2 of 2022

Judge

EN Maina

The High Court partly allowed an appeal in a corruption case, quashing convictions for soliciting bribes but upholding convictions for receiving bribes.

• Corruption Offences
• Soliciting And Receiving Bribes
• Public Officer Misconduct
• Sentencing Principles
• Corruption-offences
• Bribery

Mutunga v Republic

Mutunga v Republic [2022] KEHC 11219 (KLR)

Court

High Court

Case number

Criminal Appeal E094 of 2021

Judge

GMA Dulu

The High Court found that the prosecution failed to prove beyond reasonable doubt the charges of abuse of office and requesting and receiving a bribe against the appellant. On the abuse of office charge, the court held that there was no evidence the appellant ordered the arrest and detention of the complainant without justification, nor that he actively participated in preferring false charges. The court further found that the charge sheet, though defective in form, did not prejudice the appellant and was curable under the law. Regarding the bribery charge, the court determined that the evide…

Source excerpt

• Abuse Of Office
• Bribery
• Criminal Appeals
• Burden Of Proof

Republic v Mwangi & another

Republic v Mwangi & another [2021] KEMC 3 (KLR)

Court

Magistrate's Court

Case number

Anti-Corruption Case 17 of 2014

Judge

TN Thyaka

The court found that the 1st accused, as a public officer and member of the Planning Committee, solicited a bribe of Kshs. 280,000/= and received Kshs. 140,000/= from the complainants as an inducement to influence the committee's decision regarding the demolition of stalls. The prosecution's case was corroborated by electronic evidence, transcripts, and the government analyst's report confirming the presence of APQ powder on the accused's hands. The defence of entrapment was rejected as the EACC acted on a prior complaint and did not incite the offence. The 2nd accused was acquitted on the ch…

Source excerpt

• Corruption Offences
• Public Officer Misconduct
• Bribery
• Evidence Act Section 106b
• Burden Of Proof
• Entrapment

Erastus Kiogora v Republic

Erastus Kiogora v Republic [2021] KEHC 6780 (KLR)

Court

High Court

Case number

Criminal Appeal 130(B) of 2019

Judge

CA Otieno

The appellate court found that the prosecution proved beyond reasonable doubt that the appellant, a public officer, solicited and received a bribe from the complainant as inducement to forgo charging her with an offence. The evidence of the complainant and corroborating witnesses, supported by MPESA transaction records, established the appellant's presence at the scene and receipt of the funds. The appellant's defence, including his claim of debt repayment and alibi, was found to be unsubstantiated and incredible, especially in light of independent eyewitness testimony placing him at the locu…

Source excerpt

• Corruption Offences
• Public Officer Misconduct
• Bribery
• Criminal Appeals
• Evidence Evaluation

Dennis Paul Manoti v Republic

Dennis Paul Manoti v Republic [2021] KEHC 7423 (KLR)

Court

High Court

Case number

Anti-Corruption and Economic Crimes Appeal E004 of 2021

Judge

EM Ngugi

The High Court dismissed a bribery appeal, holding that the audio recording was admissible, the evidence proved solicitation and receipt, and the sentence was lawful.

• Anti Corruption Offences
• Admissibility Of Electronic Evidence
• Sentencing Principles
• Public Officer Misconduct
• Electronic-evidence
• Anti-corruption