The term for this offence is not easy to comprehend. It even sounds misleading. The “secret” can as well be the inducement as well as the content of the advice. The profit for the one who induces the advice and bends it to serve him lies at the heart of this offence. In the following paragraph we quote from an explanation by the EACC.
Jump to the illustration below (source EACC) if neither EACC’s text or the law section itself do not make it clear to you.
The EACC says:
“This offence occurs where a benefit is solicited, offered, given or received in relation to giving advice to another person where the benefit is intended to be a secret from the person to be advised. The giving of advice includes the giving of information.
Advice in this case refers to an opinion given by someone with expert knowledge or skill in a particular area. This advice is usually requested for by a person who may wish to rely on it to make a decision.”
Primary legal Source
Illustration for a Secret Inducement for Advice
Looo is employed as a State Counsel in one of the County State Law Offices. A criminal investigation file is forwarded to him by the local County Criminal Investigation Officer (CCIO) for perusal and advice. After going through the file, he comes to the conclusion that a murder charge would be appropriate. Before he gives the advice, a relative of the suspect visits him and offers to give him Kshs 700,000. He readily accepts the same and advises that the suspect should be charged with manslaughter, a lesser offence to murder.
Looo commits the offence of secret inducement for advice.