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MagistrateOther· [2019] KEMC 4 (KLR)

Republic v Amokola (Anti-Corruption Case 6 of 2018) (Anti-Corruption and Economic Crimes) [2019] KEMC 4 (KLR)

Chief Magistrate's Court (Criminal)
3 April 2019
4,627 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~19 min to read original · ~4 min brief

The bottom line

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A Kenyan court convicted a county officer of bribery over just Kshs.3,000, ruling that corruption is a crime regardless of the amount involved.

What this practically means

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Executive summary

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The accused, a Nairobi City County enforcement officer of the rank of Corporal, faced five counts: three counts of requesting a bribe of Kshs.3,000/- contrary to section 6(1)(a) of the Bribery Act, one count of obstruction of EACC officers contrary to section 66(1)(a) of ACECA, and one count of concealing evidence contrary to section 66(1) of ACECA. The complainant, a boda boda rider, testified that county officials impounded his motorcycle for a wrong turn and demanded Kshs.3,000/- for its release. He reported to the EACC, which set a trap on 16th June 2014 using treated notes. Eyewitness EACC officers saw the accused refuse Kshs.2,000/-, receive the full Kshs.3,000/-, count it and pocket it. On arrest he fought the officers, yelled 'waizi waizi', and was rescued by colleagues, escaping with the treated money and handcuffs; he absconded duty and was dismissed, and was only arrested in 2018. The accused, in a sworn statement, claimed he was attacked by unidentified people and produced sick-sheet and KNH documents. The court framed four issues and resolved each against the accused, finding the request of 13th June uncontroverted, the receiving complete upon acceptance of the money, the obstruction uncontroverted, and the escape with the treated notes amounting to concealment of evidence. All five charges were established beyond reasonable doubt and the accused was convicted on all counts under section 215 CPC. In sentencing, the court rejected leniency based on the small sum, observing that corruption is corruption whatever the amount, and fined him Kshs.150,000/- per count in default one year per count, with Counts II and III concurrent and the others consecutive.

Key legal issues

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01

Request for financial advantage (Counts I-III, Bribery Act section 6(1)(a))

Holding

Proved; the request of 13th June was not controverted and the demand for the full Kshs.3,000/- was renewed on 16th June

Reasoning

PW1 testified he was told the motorcycle would only be released upon payment of Kshs.3,000/-. When offered Kshs.2,000/- on 16th June, the accused insisted on Kshs.3,000/- saying it was to be shared by three. The accused's defence addressed only the events of 16th June and left the 13th June request uncontroverted.

p. 6
02

Receiving the bribe money (Counts I-III)

Holding

Proved; PW4, PW6 and PW10 saw PW1 hand the treated Kshs.3,000/- to the accused, who counted and pocketed it

Reasoning

Three EACC officers trailing PW1 witnessed the handover after the pre-arranged signal; PW10 saw the money received in the right hand and placed in the right back trouser pocket. Reception completed the offence; escape with the money did not negate it.

p. 6
03

Obstruction of EACC officers (Count IV, ACECA section 66(1)(a))

Holding

Proved; after being handcuffed, the accused fought the officers and incited colleagues who rescued him

Reasoning

The officers identified themselves; the accused fought them, yelled 'waizi waizi' attracting county askaris and the public, was rescued and escaped with the money and handcuffs. This evidence was not controverted, and PW3/PW9 recorded first-hand reports placing the accused at the scene.

p. 7
04

Concealing evidence (Count V, ACECA section 66(1))

Holding

Proved; the accused escaped with the Kshs.3,000/-, the very treated notes intended as evidence against him

Reasoning

The court found that the accused simultaneously went away with the Kshs.3,000/-, which were pieces of evidence intended to be used against him, and the money was never recovered.

p. 7
05

Accused's defence of mistaken identification and medical condition

Holding

Rejected; the court disbelieved his claim that he did not know his attackers

Reasoning

The accused admitted an encounter with people he did not know, but the evidence showed the officers introduced themselves. His sick-sheet and KNH documents did not displace the eyewitness and circumstantial evidence placing him at the scene receiving the money.

p. 7

Legal principles established

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  • The offence of receiving a bribe is complete as soon as the accused is seen receiving the financial advantage
  • An accused who, knowing his guilt, puts the court through a full trial should expect the consequences, regardless of the amount involved

Court orders

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  1. 1.Conviction of the accused on all five counts under section 215 of the Criminal Procedure Code
  2. 2.Sentence to a fine of Kshs.150,000/= on each count, in default one year imprisonment on each count
  3. 3.Count II and III sentences to run concurrently; the other counts to run consecutively
Jurisdiction invoked
Original criminal jurisdiction under the Criminal Procedure Code (Cap 75) over charges under the Bribery Act No. 47 of 2016 and the Anti-Corruption and Economic Crimes Act No. 3 of 2003

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Republic v Amokola (Anti-Corruption Case 6 of 2018)  (Anti-Corruption and Economic Crimes) [2019] KEMC 4 (KLR)", Case Analysis (2019). . Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2019/4/eng@2019-04-03

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.