5 refrain from voting for any candidate, gives or provides or causes to be given or provided any money, gift or other consideration to that other person, commits the offence of bribery and is liable on conviction to a fine not exceeding seventy two currency points or to imprisonment not exceeding three years or both”. 10 Subsection (2) provides that; “A person who receives any money, gift or other consideration under subsection (1) also commits the offence under that subsection”. 15 I find an inconsistency and or falsehoods in the evidence of Agnes Ochwo. She stated in paragraph 3 of her affidavit that she was nearly reaching Akadot Primary School polling station when she met Onyango Obbo an agent of the 1st appellant giving out money to people who were going to vote 20 with instructions to vote for the 1st appellant. In her affidavit in rejoinder, she stated in paragraph 3, that Onyango Obbo met her near Akadot Primary School polling station and he gave her a note of 2000/=. This evidence leaves a hanging question as to who actually met the other. Is it Agnes Ochwo who met Onyango Obbo on the way to the polling station? Or it is Onyango Obbo who met Agnes Ochwo near Akadot Polling Station. 25 According to the judgment of the learned trial judge on page 225 of the record of appeal, stated that Andriko Rose Mary, Alfred Onyango Ouma and Paddy Oguti Simon saw the agents of the 1 st appellant bribing voters. 30 On analysis of the affidavits, Andirko Rose Mary and Alfred Onyango Ouma make general depositions to the effect that they saw the agents of the 1st appellant giving out money to voters with no specific reference to Onyango Obbo, hence, are of no evidential value and are rejected. Paddy Oguti Simon whose affidavit appears on the record of appeal stated that; 35 Paragraph 3: 12