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Mike Gideon Mbuvi Sonko v. George Wainaina Njogu, Director of Public Prosecutions & Ethics & Anti-Corruption Commission

(2019) JELR 99077 (CA)

Court of Appeal  •  Civil Appeal 332 of 2017  •  21 Jun 2019  •  Kenya

Coram
Erastus Mwaniki Githinji, Roselyn Naliaka Nambuye, Milton Stephen Asike Makhandia

Judgement

JUDGMENT OF THE COURT

George Wainaina Njogu “the 1st respondent ” was charged alongside Roselyne Oluoch in Nairobi Chief Magistrate’s Court Criminal Case No. 1 of 2016; with the offence of corruptly offering a benefit contrary to section 39 (3) as read together with section 48 (1) of the Anti-Corruption and Economic Crimes Act. The charge contained five counts and more particularly that the 1st respondent and the co-accused had offered the benefit to the appellant on 5th and 6th January, 2016 respectively and an inducement for the appellant to stop pursuing a story on how some senior officials employed by the Nairobi County Government were acquiring and developing property using public funds. The 1st respondent was the Chief of Staff, Nairobi County Government and had been arraigned in court on 9th January 2016 alongside co-accused, a secretary in his office on those counts. To stem the prosecution, the complainant in the criminal case was said to be the appellant. The 1st respondent i…

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