The offence of bribery is provided for in section 68(1) of the Parliamentary
Elections Act thus:
“ A person who, whether before or during an election with intent either
directly or indirectly to influence another person to vote or to refrain from
voting for any candidate, gives or provides or causes to be given or provided
any money, gifts 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 imprisonment not exceeding three years or both”.
It is the complaint of the appellants that they were not given a fair trial as
guaranteed by Article 28(1) of the Constitution.
Article 28(1) of the
Constitution provides:
“28. Rights to a fair hearing
(1) In the determination of civil rights and obligations or any
criminal charge, a person shall be entitled to a fair, speedy and
public hearing before an independent and impartial Court or
tribunal established by law”.
Counsel for the appellants submitted that a fair trial is a cornerstone in the
determination of civil rights and obligations as envisaged in Article 28(1) of
the Constitution. Further, Counsel cited Election Petitions Rule 4(8) of the
Parliamentary Elections (Election Petitions) Rules 1996 which reads:
“The petition shall be accompanied by an affidavit setting out the
facts on which the Petition is based together with a list of any
documents on which the Petitioner intends to rely”
It is the contention of the appellants that the 2nd appellant was condemned on
particulars of bribery not originally pleaded in the petition and supporting
affidavits which was contrary to mandatory provisions of the law. It was
further pointed out that a general allegation of bribery is contained in
Paragraph 7(a) of the Petition and nothing in the two affidavits of the
respondent. In counsel’s view, the 2nd appellant was left in the dark as to the
allegations of bribery when he was served with the petition.