- The two were convicted on Thursday after Trial Magistrate Thomas Nzyuki found that the evidence tendered before the court was sufficient in proving the charges.
- The sentencing was deferred to Wednesday after the defence team requested time to file medical records for mitigation in pleading for leniency.
Image: FILE
The Anti-Corruption Court is expected to sentence two DCI officers who were convicted for receiving a bribe and obstructing EACC investigators respectively.
Corporal Julius Onyango Oguma was found guilty of receiving a Sh200,000 bribe while Officer Charles Macharia was convicted of obstructing four EACC investigators from arresting the former.
The two were convicted on Thursday after Trial Magistrate Thomas Nzyuki found that the evidence tendered before the court was sufficient in proving the charges.
The sentencing was deferred to Wednesday after the defence team requested time to file medical records for mitigation in pleading for leniency.
The officers were remanded at the Industrial Area Remand Prison.
The trial court heard that Oguma had requested a Sh1 million bribe but negotiated down to Sh200,000 from a Chinese investor in order to drop charges against his wife, Gong Huan alias Kelly for being in the country illegally.
The court heard that the offence occurred at Kabete Police Station on November 28, 2018.
The officer was also found guilty of concealing the monies which he knew were to be used as evidence in an investigation for the offence of corruption.
The court in convicting him noted that the arrest of Gong Huan was never booked at the report office.
"Contrary to standard procedure, it is apparent from the evidence that the arrest of Gong was never booked. She was kept at the general office under the guard of DCI officers acting on instructions of Corporal Oguma," the court said.
"She remained at the general office from 2 pm up to an unknown time beyond 5 pm when commotion caused by the operation to arrest Oguma occurred."
The officers were arrested following investigations by the Ethics and Anti-Corruption Commission, which started on November 28, 2018.
This was after the Commission received a report that DCI Officers had detained a Chinese National at Kabete Police Station for being in the country without proper documentation.
The anti-graft body had also heard that the police had demanded a bribe to release Gong and forgo charging her.
Following investigations, an operation was launched and the arrest of one officer was made while he received the bribe.
The officer was, however, rescued and assisted to escape by his colleagues.
This is when Macharia drew his firearm and fired in the air.
During his conviction, Magistrate Nzyuki said, "You were indiscipline. You became a law unto yourself, for a moment you ruled the area with your gun."
"I blame you Macharia for the shooting incident and interfering with the scene. You were without lawful justification or excuse to obstruct the officers from discharging lawful mandate under the act. The evidence against you is direct and overwhelming."
The suspects were arraigned before the Court on May 29, 2022 after the Director of Public Prosecutions (DPP) concurred with the recommendations of the EACC that they be charged with the offences.