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The High Court allowed a criminal appeal after finding material contradictions and evidentiary problems meant the corruption charges were not proved beyond reasonable doubt.
Partial non-compliance with section 210(1)(a) of the Criminal Procedure Act, specifically the omission to sign after recording the testimonies of certain witnesses, rendered the trial proceedings incurably defective and a nullity, necessitating the quashing of conviction and sentence.
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The prosecution failed to prove beyond reasonable doubt that the appellant solicited or received money as a bribe; the evidence showed the money was for treatment costs, not a corrupt transaction; key exhibits were improperly admitted; the caution statement was recorded out of time and did not support the charge; the sentence imposed was not in accordance with the law.
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The High Court allowed a criminal appeal, finding the prosecution had not proved corrupt solicitation or destroying evidence beyond reasonable doubt.
The High Court allowed a corruption appeal, holding that major contradictions in the prosecution evidence meant the charges were not proved beyond reasonable doubt.
Omission to call the M-PESA agent as a material witness and failure to resolve inconsistencies in the victim's names rendered the prosecution case unproved beyond reasonable doubt; conviction and sentence cannot be sustained.
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The variance between the name of the victim in the charge sheet and the evidence was fatal to the prosecution case, and the failure to amend the charge sheet rendered the conviction unsafe; the burden of proof was improperly shifted to the accused.
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The plea of guilty was unequivocal and valid for conviction, but the sentence of three years imprisonment without option for fine was excessive and contrary to law; conviction on alternative count was unlawful.
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Court of Appeal upheld the conviction for corruption transactions, holding that the complainant witnesses were not accomplices and their oral evidence was sufficient.
The prosecution failed to prove the essential ingredients of the offence, including principal-agent relationship and corrupt solicitation/acceptance, beyond reasonable doubt. Delayed reporting, contradictory evidence, failure to call material witnesses, and improper shifting of the burden of proof rendered the conviction unsustainable.
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