Court upholds conviction of Nairobi former Chief for Ksh.20,000 bribe

A three-judge bench comprising Justices Patrick Kiage, Weldon Korir, and Joel Ngugi ruled that the prosecution had proved beyond reasonable doubt that the former chief demanded and received Ksh.20,000 from complainant Rhoda Mohamud in October 2014 as an inducement to issue introduction letters for her cousins to be registered as Kenyan citizens.

Ngugi was convicted by the Anti-Corruption Court on two counts of solicitation and receipt of a bribe under the Anti-Corruption and Economic Crimes Act. He was fined Ksh.150,000 and Ksh.100,000 respectively, with default sentences of one year each.

The High Court later upheld the conviction, prompting him to appeal.

In his defence, Ngugi claimed he had been entrapped by Ethics and Anti-Corruption Commission (EACC) officers, alleging that the complainant planted the marked money on his office table and that his arrest was politically motivated. 

However, the appellate judges rejected the argument, finding that the EACC had merely given him an opportunity to commit an offence he was already predisposed to.

“The appellant had already demanded a bribe and negotiated the amount before the trap was set. The investigators only confirmed his corrupt intent,” the court ruled.

The judges pointed to video and audio recordings, the recovery of treated money, and forensic tests showing APQ powder on Ngugi’s hands as credible evidence that corroborated the complainant’s account.

They also noted that while the trial court had acquitted Ngugi on one count after his alibi was supported by a superior, that acquittal did not undermine the subsequent charges.

“We are satisfied that both the conviction and sentence were based on cogent evidence properly analyzed by the trial court and affirmed on first appeal,” the judges stated, adding that the fines imposed were lenient compared to the statutory maximum.

The Court of Appeal dismissed the appeal in its entirety, affirming both the conviction and sentence against the former chief.