ngoshwe
JF-Expert Member
- Mar 31, 2009
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Haya ndio Mashtaka ambayo Muro na Wenzake wanakabiliwa nayo katika Mahakama ya Kisutu (see attached file).
Nawasilisha kwa taarifa na hapa naomba kunukuu vifungu husika vya sheria ambavyo vinahusu mashtaka hayo kwa mujibu wa Hati ya Mashtaka (Charge Sheet).
Corrupt transactions:
15.-(1) Any person who corruptly by himself or in conjunction with any other person- (a) solicits, accepts or obtains, or attempts to obtain, from any person for himself or any other person, any advantage as an inducement to, or reward for, or otherwise on account of, any agent, whether or not such agent is the same person as such first mentioned person and whether the agent has or has no authority to do, or forbearing to do, or having done or forborne to do, anything in relation to his principal's affairs or business; or
…..commits an offence of corruption.
(2) A person who is convicted of an offence under this section, shall be liable to a fine of not less than five hundred thousand shillings but not more than one million shillings or to imprisonment for a term of not less than three years but not more than five years or to both.
Conspiracy
32. Any person who conspires with another person to commit an offence under this Act commits a like offence and shall be liable on conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding three years or to both.
Personation in general
369.-(1) Any person who, with intent to defraud any person, falsely represents himself to be some other person, living or dead, commits an offence.
General punishment for offences where penalty not prescribed
35. When in this Code no punishment is expressly provided for any offence, it shall be punishable with imprisonment for a term not exceeding two years or with a fine(???) or with both.
NB; Sijaweza kuona tafrsi ya neno "Corrupt" , "Corruption" wala "Corruptly by hismelf" kama nukuu ya kifungu cha 15 (1) cha Sheria ya PCCB inavyotaja. Hata hivyo, sheria ni pana!!.
Nawasilisha kwa taarifa na hapa naomba kunukuu vifungu husika vya sheria ambavyo vinahusu mashtaka hayo kwa mujibu wa Hati ya Mashtaka (Charge Sheet).
THE PREVENTION AND COMBATING OF CORRUPTION ACT
CHAPTER 329
CHAPTER 329
Corrupt transactions:
15.-(1) Any person who corruptly by himself or in conjunction with any other person- (a) solicits, accepts or obtains, or attempts to obtain, from any person for himself or any other person, any advantage as an inducement to, or reward for, or otherwise on account of, any agent, whether or not such agent is the same person as such first mentioned person and whether the agent has or has no authority to do, or forbearing to do, or having done or forborne to do, anything in relation to his principal's affairs or business; or
…..commits an offence of corruption.
(2) A person who is convicted of an offence under this section, shall be liable to a fine of not less than five hundred thousand shillings but not more than one million shillings or to imprisonment for a term of not less than three years but not more than five years or to both.
Conspiracy
32. Any person who conspires with another person to commit an offence under this Act commits a like offence and shall be liable on conviction to a fine not exceeding five million shillings or to imprisonment for a term not exceeding three years or to both.
THE PENAL CODE, CHAPTER 16
Personation in general
369.-(1) Any person who, with intent to defraud any person, falsely represents himself to be some other person, living or dead, commits an offence.
General punishment for offences where penalty not prescribed
35. When in this Code no punishment is expressly provided for any offence, it shall be punishable with imprisonment for a term not exceeding two years or with a fine(???) or with both.
NB; Sijaweza kuona tafrsi ya neno "Corrupt" , "Corruption" wala "Corruptly by hismelf" kama nukuu ya kifungu cha 15 (1) cha Sheria ya PCCB inavyotaja. Hata hivyo, sheria ni pana!!.