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(2011) JELR 102483 (CA)

Court of Appeal  •  Criminal Appeal 442 of 2010  •  6 May 2011  •  Kenya

Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Joseph Gregory Nyamu



The appellant, ELIZABETH CHELANGAT was arraigned before the Chief Magistrate’s Court at Nairobi on 21st May, 2006 in Anti Corruption Case No. 72 of 2006 charged with soliciting for a benefit contrary to section 39(3)(a) as read with section 48(1) of the Anti Corruption and Economic Crimes Act No. 3 of 2003. The particulars of the offence were as follows:-

“ELIZABETH CHELANGAT LOMACHAR: On the 18th day of August, 2006, at City Hall, within Nairobi Area, being a person employed by a public body to wit City Council of Nairobi, as a city Askari, in Inspectorate Department, corruptly solicited for a benefit of Kshs.20,000/= from Geoffrey Maina Chege as an inducement to facilitate the release of his motor vehicle registration No. KRK 121 a Mitsubishi Colt which she had detained at City Hall parking yard for contravening the city by laws, a matter in which the said public body was concerned.”

The appellant denied the charge and her trial commenced on 24th November, 2006 be…

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