5 Decision of Court; Issue 1. Whether or not the bribery allegations proved against Onyango Obbo alias Jacob 10 Obbo, an agent of the appellant, was with her knowledge, consent and approval. Bribery during an election is defined in Black’s Law Dictionary, 6th Edn. as the offence committed by one who gives or promises to give or offers money or valuable inducement to an elector, in order to corruptly induce the latter to vote in a particular way or to abstain from voting, 15 or as a reward to the voter for having voted in a particular way or abstained from voting. The offence of bribery is contrary to Section 68 of the P.E.A. When dealing with this issue of bribery by Onyango Obbo, the trial judge had this to say; 20 “…court does not require a multiplicity of incidents of bribery in order to annul an election… several allegations of bribery were made. Andriko Rose Mary deponed that she saw Nyandoi Sarah who was said to be an agent of the 1st respondent giving money to 25 voters in Rubongi A Village. Alfred Onyango Oyum deponed that he saw Okoth Peter and Okiria Joseph giving shs. 2000 to each voter. Agnes Ochwo deponed that she received shs. 2000 from Onyango Obbo, an agent of the 1st respondent and that she voted for the 1st respondent on that account. There was no person who 30 testified that he or she received a bribe from the 1st respondent personally. Apart from Agnes Ochwo, there was no person who testified that he or she received money from people who deponed that they only saw agents of the first respondent giving money. Proof of the allegation of bribery requires more than merely seeing 35 one person give money to another. There was no evidence of what that money was for. There was no evidence that the people who received the money voted for the person in respect of whom they received the money. The evidence was speculative at best… I find 9

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