DPP orders charges against Makadara prosecutor over alleged Ksh.30K bribe

The Office of the Director of Public Prosecutions (ODPP) has directed that a prosecutor based at Makadara Law Courts be charged over alleged bribery.

The Director of Public Prosecutions, in a statement on Wednesday, said he had reviewed an inquiry file forwarded by the Ethics and Anti-Corruption Commission (EACC) regarding bribery allegations against the accused, Samuel Mugo Kiarie.

“Upon an independent evaluation of the evidence presented, the DPP has established that there is sufficient and credible evidence to sustain criminal charges against Mr Kiarie,” the statement read.

“The DPP has approved three counts of receiving a bribe contrary to Section 6(i) as read with Section 18 of the Bribery Act against Mr Kiarie and DIRECTS that the accused be arraigned before a court of competent jurisdiction to answer to the charges.”

The ODPP underscored that no individual, regardless of office, rank or position, is above the law and that it “will not hesitate to take decisive action against any officer who undermines the integrity of the Criminal Justice System.”

The matter dates back to October 13, 2023, when the EACC received a report indicating that Kiarie, a Prosecution Counsel at Makadara Law Courts, had solicited a bribe of Ksh.30,000 from Elly Vujeri Mukosero with the intent that, in consequence, he would withdraw Criminal Case No. 3555/22 that had been filed against him.

Mukosero had been charged in the case on July 12, 2023. The matter reportedly came up for hearing six times, but no witnesses appeared in court to testify.

In August 2023, Mukosero approached Kiarie and requested him to withdraw the case due to a lack of witnesses. It is alleged that Kiarie asked him to pay Ksh.30,000 in order to facilitate the withdrawal of the case.

Mukosero reported the matter to the EACC, triggering investigations. He later met Kiarie, recorded their conversation and handed over the bribe money upon demand, leading to the prosecutor’s arrest by EACC officers.

Following investigations, the anti-graft agency recommended that Kiarie be charged with the offence of receiving a bribe contrary to Section 6(1) of the Bribery Act, 2006.