' In the lower court, the appellant faced the following two counts;
Count 1- receiving a bribe contrary to Section 6(1)(a) as read with Section 18 of the Bribery Act No. 47 of 2016 particulars being that on the 25 th day of April, 2021 at Kasarani Police Station, within Nairobi City County, being a person employed by a public body to wit, National Police Service as an Inspector, she requested for a financial advantage of Kshs 10,000/= from Juma Olunga Wakhayanga with intent that, in consequence, she would improperly facilitate his release and Pamela Kajuju from Police custody.
Count 2- receiving a bribe contrary to Section 6(1)(a) as read with Section 18 of the Bribery Act No. 47 of 2016 particulars being that on the 25 th day of April, 2021 at Kasarani Police Station, within Nairobi City County, being a person employed by a public body to wit, National Police Service as an Inspector, she received a financial advantage of Kshs. 10,000/= via Mpesa into her Mpesa account no. 072xxxxx90 from Donald Odhiambo Okumu with intent that, in consequence, she would improperly facilitate the release of Juma Olunga Wakhayanga and Pamela Kajuju from Police custody.
After trial where the prosecution called 10 witnesses, the court found the appellant guilty and sentenced her as follows;
In count I, to pay a fine of Kshs 300,000.00 in default serve a prison term of 1 year.
In count II, to a fine of Kshs 300.000.00 in default to serve a prison term of 1 year.
Mandatory fine of Kshs 50,000.00 being five times the benefit she received pursuant to provisions of Section 18(1)(b) and 18(2) of the Anti-Bribery Act, in default to serve a prison term of 1 year.
It is against the above conviction and sentence that the appellant has approached this court in this appeal citing the following grounds;
The learned trial Magistrate gravely erred in law and fact in completely ignoring the appellant’s and her witnesses'' evidence, her defence, submissions and authorities.
The learned trial Magistrate gravely erred in law and fact in failing to find and hold that the right of an accused person to adduce evidence is a fundamental constitutional right to fair trial and therefore not limited under the Constitution of Kenya, 2010.
The learned Magistrate gravely erred in law and fact in failing to find and hold that the Kshs. 10,000 was part of the debt owed by PW2 to DW2.
The learned trial Magistrate erred in law and fact in penalizing that the appellant for producing a duplicate police file whose production as evidence was not objected to and was in satisfaction of the law on secondary evidence.
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Count 1- receiving a bribe contrary to Section 6(1)(a) as read with Section 18 of the Bribery Act No. 47 of 2016 particulars being that on the 25 th day of April, 2021 at Kasarani Police Station, within Nairobi City County, being a person employed by a public body to wit, National Police Service as an Inspector, she requested for a financial advantage of Kshs 10,000/= from Juma Olunga Wakhayanga with intent that, in consequence, she would improperly facilitate his release and Pamela Kajuju from Police custody.
Count 2- receiving a bribe contrary to Section 6(1)(a) as read with Section 18 of the Bribery Act No. 47 of 2016 particulars being that on the 25 th day of April, 2021 at Kasarani Police Station, within Nairobi City County, being a person employed by a public body to wit, National Police Service as an Inspector, she received a financial advantage of Kshs. 10,000/= via Mpesa into her Mpesa account no. 072xxxxx90 from Donald Odhiambo Okumu with intent that, in consequence, she would improperly facilitate the release of Juma Olunga Wakhayanga and Pamela Kajuju from Police custody.
After trial where the prosecution called 10 witnesses, the court found the appellant guilty and sentenced her as follows;
In count I, to pay a fine of Kshs 300,000.00 in default serve a prison term of 1 year.
In count II, to a fine of Kshs 300.000.00 in default to serve a prison term of 1 year.
Mandatory fine of Kshs 50,000.00 being five times the benefit she received pursuant to provisions of Section 18(1)(b) and 18(2) of the Anti-Bribery Act, in default to serve a prison term of 1 year.
It is against the above conviction and sentence that the appellant has approached this court in this appeal citing the following grounds;
The learned trial Magistrate gravely erred in law and fact in completely ignoring the appellant’s and her witnesses'' evidence, her defence, submissions and authorities.
The learned trial Magistrate gravely erred in law and fact in failing to find and hold that the right of an accused person to adduce evidence is a fundamental constitutional right to fair trial and therefore not limited under the Constitution of Kenya, 2010.
The learned Magistrate gravely erred in law and fact in failing to find and hold that the Kshs. 10,000 was part of the debt owed by PW2 to DW2.
The learned trial Magistrate erred in law and fact in penalizing that the appellant for producing a duplicate police file whose production as evidence was not objected to and was in satisfaction of the law on secondary evidence.
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