Erastus Kiogora v Republic [2021] KEHC 6780 (KLR)
- Court
- High Court of Kenya
- Case number
- 6780
- Citation
- [2021] KEHC 6780 (KLR)
- Decided
- 21 May 2021
The court found that the appellant was indeed at the scene of the offence and solicited the money. The appellant's alibi was rejected, and the prosecution's evidence was found credible.
Facts
The appellant was charged with corruptly soliciting for a benefit contrary to section 39(3) (a) as read with section 48 of the Anti-corruption and economic crimes Act No.3 of 2003, section 27 and section 6(1) (a) of the Bribery Act as read with section 18 of the Bribery Act. He was alleged to have solicited Kshs 20,000 and Kshs 11,500 from Rose Kimathi Zakayo on 27/07/2016 at Miathene location of Tigania West Sub-county within Meru County.
Issues
- Whether the appellant solicited the money for the forbearance of charging the complainant with illicit brew.
- Whether the appellant's alibi was credible.
Reasoning
The prosecution's evidence was corroborated by PW1 and PW4, who testified that the appellant received Kshs 11,500 and later Kshs 9,600. The appellant's alibi was not supported by any evidence.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Anti-corruption and economic crimes Act No.3 of 2003
- Bribery Act
Cases cited (1)
- Michael Waweru Ndegwa v R (2016 eKLR)
Loading judgment…