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“That I accepted the offer and took the money and I had to vote for the said Sarah Achieng
Opendi because I feared that I would be witch- hunted if I did not vote for her because I had
taken their money but without that money, I would not have voted for her”.
In her affidavit in rejoinder on page 137 of the record of appeal, under
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paragraph 2, she stated that:
“That I know a one Jacob Obbo Alias Onyango Obbo very well because we are residents of
the same village called Akadot village, Akadot parish, Mukujju sub-county, Tororo county,
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Tororo District”.
In paragraph 3 she stated:-
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“That …Onyango Obbo met me near Akadot Primary School polling station and he gave me
a note of 2000/=”.
A gift of Ug. Shs. 2000/= is claimed to have been given by Onyango Obbo an agent of the 1st
appellant to Agnes Ochwo.
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According to Agnes Ochwo, she went ahead to receive it despite the fact that she knew or ought to
have known that accepting a bribe is an offence. She did not report to any authority that Onyango
Obbo was bribing voters and being a resident of that village, she should have mentioned some of
the names of other persons who received bribes from Onyango Obbo as alleged in order to provide
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corroborative evidence to her allegation.
The offence of bribery is committed by two people. The giver and the receiver. Both Onyango
Obbo and Agnes Ochwo would be criminally equally liable.
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Section 68 (1) of the P.E.A provides that,
“A person who either before or during an election with intent either
directly or indirectly to influence another person to vote or to
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