Attempts, Conspiracies and Incitement

Lamu Police Suggestion Box, Photo: Lindsay Bremmer
The Police suggests not to conspire to corruption, Photo: Lindsay Bremmer

Attempts and Conspiracies to corrupt behaviour are also an offense.

But how to define attempts and conspiracies?

Reference: ACECA Sec 47A

This is what the act says: A person who attempts to commit an offence involving corruption or economic crime is guilty of an offence. This offence is committed if the person, with the intention of committing the offence, does or omits to do something designed to its fulfillment but does not fulfill the intention to such an extent as to commit the offence.
A person who conspires with another to commit an offence involving corruption or economic crime is guilty of an offence.
This section also makes it an offence for a person to incite another into any conduct of corruption or economic crime.

Illustration of an offence under this Section:

Zee is employed as a Revenue Officer at the Kwangu Inland container depot (ICD). Part of his duties include approving declarations of goods imported into the country through the ICD to determine the import duty payable. Jaymo is a motor vehicle dealer and has imported 4 vehicles for which after full declaration should pay the sum of Kshs 1,850,000 as import duty. Zee negotiates with Jaymo to under-declare the imported goods with the effect that he would only pay Kshs. 400,000. They agree to share the balance amounting to Kshs 1,450,000.

a) If Zee and Jaymo are arrested before implementing this deal, both will be guilty of conspiring to commit an offence involving corruption. They will also be guilty of conspiring to commit an economic crime.

b) If Zee and Jaymo have partly acted towards achieving this goal before they are arrested, they will be guilty of attempting to commit an offence involving corruption and economic crime.

c) If Zee or Jaymo tried to incite another officer to help them commit the offence they are also guilty.

(Source: EACC-pdf)