ODPP Sends Prosecutor Captured on Video Soliciting Ksh50,000 Bribe on Compulsory Leave

Hours after the Ethics and Anti-Corruption Commission (EACC) released a video in which a prosecution counsel was soliciting a bribe of KSh50,000, the Office of the Directorate of Public Prosecutions (ODPP) sent the suspect on compulsory leave.

In a statement on Monday, the ODPP reiterated its policy of zero tolerance to corruption, noting that they were open to the law taking its course against the suspect, who serves as the Principal Prosecution Counsel in charge of the Office of the Director of Public Prosecutions (ODPP) in Kilgoris.

“The attention of the Office of the Director of Public Prosecutions (ODPP) is drawn to social media reports indicating that a senior prosecutor has been arrested on allegations of soliciting a bribe of KSh50,000 from a businessman in exchange for the fast-tracking of a court case,” the letter read in part.

“The Director of Public Prosecutions (DPP) has, therefore, directed that the affected officer proceed on compulsory leave with immediate effect, as per the ODPP Human Resource Policies and Procedures Manual 2022, pending internal investigations, which have commenced forthwith.”

The letter, shared by the communication arm of the directorate, further indicated that the ODPP was ready to cooperate with the relevant investigative agency, pledging to take appropriate action after the outcome of the investigations, including prosecuting the suspect.

“The ODPP remains committed to executing its constitutional mandate in accordance with the rule of law, public interest, and the administration of justice,” the statement added.

The prosecution counsel was apprehended after being accused of soliciting a KSh50,000 bribe and subsequently accepting a payout of KSh20,000.

EACC officers, who arrested the suspect, indicated that he had accepted the bribe promising to expedite a court case.

The prosecutor reportedly accepted the reduced pay after a series of negotiations whose evidence was provided by an adjacent video of the solicitation that was shared by EACC. 

The Commission’s sleuths launched an operation after a complaint was filed against the prosecutor, leading to the officer’s arrest on Sunday, February 16.

According to the Constitution, accepting a bribe is an offence in Kenya, punishable by either imprisonment or the payment of a fine.

The law states: “A person commits the offence of receiving a bribe if the recipient of the bribe requests, agrees to receive, or accepts a financial or other advantage, and the request, agreement, or acceptance itself constitutes the improper performance by the recipient of a relevant function or activity.”