JUDGMENTOF THE COURT
The respondent was convicted by the Senior Resident Magistrate, Kisumu, on a charge of corruption, contrary to section 3(1) of the Prevention of Corruption Act. His appeal to the High Court was allowed, the conviction being quashed and the sentence set aside. The Republic appeals to this Court, asking that the decision of the High Court be set aside and that of the Senior Resident Magistrate be restored.
The respondent was District Magistrate III at Maseno District Magistrates’ Court. Adipo Obama, a man aged about 80 years, filed a civil case (No 9 of 1979) in the Maseno District Magistrates’ Court. On 12th June 1979, Adipo and his son, Pitalis Owuor, went to Maseno Court, their intention being to see if the respondent would accept a sum of money to decide the civil suit in Adipo’s favour. Nearing the Court Adipo and Pitalis went to the house of a woman, Joyce Atieno Okech. The respondent, who was passing the house, went in. There (according to Adipo and Pitalis) on…