Former Kabete DCIO Henry Ngugi will serve his one-year imprisonment after the High Court dismissed his appeal, citing lack of merit.
Ngugi had been convicted and sentenced for soliciting a Sh50,000 bribe.
Justice Esther Maina on November 25 upheld the sentence, noting that more weight was added to the evidence of the prosecution witnesses by Ngugi’s admission to a witness that the voice in the audio recording was his.
While upholding the sentence, the judge found that the alibi mounted by Ngiugi paled in the face of the strong, cogent, and credible evidence tendered by the prosecution and that the charge against him was proved beyond a reasonable doubt.
“Accordingly I find no merit in this appeal and the same is dismissed. The conviction and the sentence imposed by the trial court are upheld”, Justice Maina ruled.
Ngugi, a former Kabete Divisional Criminal Investigating Officer was facing charges of corruptly soliciting Sh50,000 from James Wachaga Kamau.
He committed the offence on November 5, 2016 in Kabete.
Ngugi was accused of demanding Sh50,000 from Kamau so that he could release his camera which he had allegedly seized.
He was also to be charged with failing to record Kamau’s complaint as required.
The court heard that Ngugi while conceding that he confiscated a camera belonging to the complainant vehemently denied that he solicited a bribe in order to release it.
He told the court his aim was to investigate the matter with a view to charging the owner of the camera but he did not complete the investigations due to obstruction by the Ethics and Anti-Corruption Commission.
He said he was not in his office on November 5, 2016 as he had gone for an operation in Nyeri and that he did not go back until the following day.
In 2020, Ngugi was jailed for one year after he was found guilty of soliciting the Sh50,000 bribe.
He was handed an alternative fine of Sh500,000.
The Anti-Corruption Court said the prosecution had proved its case beyond a reasonable doubt that the officer had received a benefit of the said amount from Kamau.
The money was meant to be a ‘facilitation’ fee for him to have police release his camera.