PENINAH KIMUYU V. REPUBLIC

JUDGMENT OF THE COURT

The appellant appeals to this Court against the judgment of the High Court (L. A. Achode J.) delivered on 22nd February 2012 by which the learned judge upheld the appellant’s conviction and sentence by the subordinate (Anti-corruption) court on a charge of receiving a benefit contrary to Section 39(3) (a) as read with 48(1) if the Anti-corruption and Economic Crime Act; No. 3 of 2003. Her conviction and sentence on two counts of soliciting a benefit contrary to the same provisions were quashed and set aside by the learned judge.

The particulars of the confirmed charge were that;

“On the 19th day of October 2016, at Rose Avenue in Kilimani Area within Nairobi Province, being a person employed by a public body, to with Kenya Police Force as a Police Corporal, [the appellant] corruptly received a benefit of KSh.4,000 from Michael Mwangi Nganga as an inducement to hasten the forwarding of an inquiry file that she was investigating to the Officer Commanding Kilimani Poli…