A Garissa court on Monday sentenced a prosecutor attached to the DPP's office in Wajir to one year and nine months in jail or pay a fine of Sh330,000 for soliciting a bribe.
Carey Francis Andai was arrested in Wajir town on November 23, 2016, by the EACC detectives from Garissa.
According to the prosecution, the commission received a report from Wajir businessman Mohamed Muhammed on November 14, 2016, that Andai was soliciting a Sh35,000 bribe to fast-track an assault case against the complainant's daughter.
On November 15, 2016, the prosecutor withdrew the case and demanded a bribe from the complainant to reinstate the matter. The victim was the complainant's daughter.
On November 23, 2016, the EACC team from Garissa went to Wajir and set a trap, leading to the arrest of the accused after he received Sh30,000 "treated money" from the complainant.
The money was recovered from him, and he was taken to the Wajir police station. He was later released on Sh20,000 bail.
On February 22, 2017, Andai was charged before the Garissa Anti-Corruption Court for soliciting and receiving a bribe.
On Monday, Andai was charged with three counts.
Senior magistrate Cosmas Maundu fined Andai Sh100,000 with an additional mandatory fine of Sh60,000 or serve 12 months in jail.
He was further fined Sh100,000 with an additional mandatory fine of Sh70,000 in default to serve nine months imprisonment.
Andai who listened pensively as the charges were read out to him was given 14 days to appeal.
Speaking to the press outside the court, complainant Mohamed welcomed the court's decision, saying it will serve as a deterrent to public servants using their positions to defeat justice.
“Although the case has dragged on for over two years, justice has finally been served. I urged Kenyans to stand up for their rights and never to allow state officers to intimidate them when seeking justice,” he said.
The sentencing comes a week after two detectives attached to the homicide unit within the Directorate of Criminal Investigations were interdicted over claims they bungled the probe into the killing of Nairobi lawyer Assa Nyakundi’s son.
DCI boss George Kinoti said the officers had worked with other players in the case to “cover up” the probe. Kinoti said the officers who bungled the case will be charged.
