Bribery occurs when a person dishonestly gives or receives a benefit as an inducement or reward for doing or omitting to do what one is already under duty to do or omit to do.
Relevant section in law: ACECA 39 – Bribery involving agents
Illustration of Bribery
Joni is a Traffic Police Officer. Some of his responsibilities involve ensuring that drivers obey traffic rules. Timo, an accountant, is late for work and is caught up in traffic on Langata road. He decides to overlap (which is a traffic offence) and is thereby flagged down by Joni. Apart from the initial offence Timo’s car tyres are worn out and his driving licence is expired.
Timo has a number of offences, but instead of Joni taking appropriate measures to execute his role as a traffic police officer, he chooses to receive money from Timo which is put inside the driving license. Joni then waves the vehicle by and takes no further action.
Joni commits the offence of receiving a bribe while Timo commits the offence of offering a bribe.