IN THE COURT OF APPEAL FOR EAST AFRICA
AT NAIROBI
( Coram: Law Ag P, Mustafa Ag V-P and Musoke JA )
CRIMINAL APPEAL NO. 63 OF 1976
BETWEEN
JOSPHAT MULWA MUKIMA............................................................APPELLANT
AND
REPUBLIC....................................................................................RESPONDENT
( Appeal from the Judgment of the High Court (Nyarangi J) Dated 16th June 1976 in
Criminal Appeal No. 395 of 1975 )
JUDGMENT
This is a second appeal from a conviction by a magistrate on a charge of corruption in office, contrary to section 3(1) of the Prevention of Corruption Act. It was alleged by the prosecution that the appellant, a driving test examiner in the Kenya Police force, demanded and received a bribe, Shs 400 from Denis Owuor, in connection with the holding of a driving test. The appellant had been under suspicion for some time, and a police trap was set. Owuor was supplied with five Shs 100 notes which had been marked and treated with chemicals. Immedi…