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Stephen Ouma Ambogo v. Director of Public Prosecutions

(2020) JELR 94020 (CA)

Court of Appeal  •  Civil Appeal 132 of 2015  •  22 May 2020  •  Kenya

Coram
Wanjiru Karanja, Milton Stephen Asike Makhandia, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

Background

1. On 2nd July, 2007, Stephen Ouma Ambogo (the appellant), was arrested by officials of the now defunct Kenya Anti-Corruption Commission (the Commission) and charged before the Magistrate’s Anti-Corruption Court for the offence of 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 in Republic v. Stephen Ouma Ambogo (Nairobi Anti-Corruption Court Case No 32 of 2007).

2. It was the appellant’s claim that the arrest was stage managed by the Commission, and was calculated to humiliate him as he was roughed up during the arrest, insulted and, at the behest of the arresting officers, the entire incident was filmed by the media and broadcasted on television. The appellant further claimed that following the arrest, his constitutional rights were violated as he was taken to the police station against his free will, detained for a prolonged period of time and denied the serv…

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