JUDGMENT
Potter JA The two appellants Mutonyi and Kamande were each convicted by the Senior Resident Magistrate, Nairobi, on two counts of corruption, one of soliciting and one of receiving, contrary to Section 3(1) of the Prevention of Corruption Act (Cap 65). Another accused with them (the second accused) was acquitted at the trial. A fourth accused named Wilson who was convicted with the two appellants was acquitted on appeal to the High Court. All four accuseds were police officers, and members of the crew of a 999 police car. The first appellant, Mutonyi, was an Inspector of Police and the commander of the car. The other three accused were constables. The fourth accused, Wilson, was the driver of the car. The two appellants come before us on second appeal.
The evidence of the complainant, Mr Joseph Odiawo, an employee of Barclays Bank, was that on January 30, 1980, he ran into the back of Mr Oloo’s car in Haile Selassie Avenue, Nairobi. Before Mr Odiawo and Mr Oloo had left the sce…