CHAPTER 329
PREVENTION OF CORRUPTION ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
THE PREVENTION OF CORRUPTION BUREAU

   3.   Establishment of Prevention of Corruption Bureau.

PART III
CORRUPTION OFFENCES

   4.   Corrupt transactions.

   5.   Increase of maximum penalty in certain cases.

   6.   Use of documents intended to mislead principal.

   7.   Public officer obtaining advantage without consideration or without adequate consideration.

   8.   Advantage received on behalf of accused.

   9.   Public officers may be required to give account of their properties.

   10.   Being in possession of property corruptly acquired.

PART IV
MISCELLANEOUS PROVISIONS

   11.   Presumption of corruption in certain cases.

   12.   Defect in appointment, nomination or election.

   13.   Special power of investigation.

   14.   D.P.P. may authorise search.

   15.   Special rules of evidence.

   16.   Attorney-General may prohibit transfer of advantage or property corruptly acquired.

   17.   Forfeiture and payment of sum to principal.

   18.   Principal may recover any secret gifts.

   19.   Sanction of D.P.P. to prosecute.

   20.   Offences triable by High Court or subordinate court.

   21.   [Repeal of R.L. Cap. 400.]

CHAPTER 329
THE PREVENTION OF CORRUPTION ACT

An Act to provide for the prevention of corruption.

[7th May, 1971]
[D.P.G.]

Acts Nos.
16 of 1971
2 of 1974
G.Ns. Nos.
108 of 1974
20 of 1990
27 of 1991
1 of 1993
9 of 1996

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title

   This Act may be cited as the Prevention of Corruption Act.

2.   Interpretation Acts Nos. 2 of 1974; 27 of 1991; 1 of 1993 Sch.; 8 of 1995 Sch.">

   In this Act, unless the context otherwise requires–

   "advantage" means a gift of any property, movable or immovable, loan, fee, reward or favour, and includes valuable consideration of any kind, discount, commission, rebate, bonus, deduction or percentage and also employment or services or an agreement to give employment or render services in any capacity;

   "agent" includes–

   (a)   any person in the employment (whether under a contract of service, a contract for services or otherwise, whether permanent or temporary, whether paid or unpaid, and whether full-time or part-time and whether such person is a natural person or a body of persons) of, or acting for, another;

   (b)   a trustee;

   (c)   an administrator or an executor;

   (d)   a public officer;

   "appropriate officer" means any member of the Prevention of Corruption Bureau and includes the Director of the Bureau;

   "Bureau" means the Prevention of Corruption Bureau established under section 3;

   "Director" means a person appointed by the President to hold the office of Director under the Bureau;

   "Director-General" means the Director-General of the Prevention of Corruption Bureau;

   "favour" includes any office or dignity, any forbearance to demand any money or money's worth or valuable thing, any aid, vote, consent or influence, or pretended aid, vote, consent or influence, any promise or procurement of, or agreement or endeavour; to procure, or the holding out of any expectation of, any advantage;

   "principal" includes an employer, a beneficiary under a trust, a trust estate as though it were a person, any person beneficially interested in the estate of a deceased person, the estate of a deceased person as though the estate were a person, and, in relation to a public officer, the authority or body of persons in which the public office is held;

   "property" for the purposes of section 9 and section 10, means any property, whether movable or immovable, and includes any chose in action;

   "public officer" means–

   (a)   the Speaker or a member of the National Assembly;

   (b)   [Omitted.]

   (c)   the Chairman or a member of a local government authority;

   (d)   an agent, employee, member or other officer (whether or not such member or officer is paid any remuneration in respect of his membership or office) of a specified authority or of any body of persons, whether corporate or unincorporate, which is an agent of a specified authority;

   (e)   the Chairman or a member of any board, authority, tribunal, commission or body of persons, whether corporate or unincorporate, established or appointed under any written law for the performance of any statutory function provided for in such written law;

   (f)   the holder of any office established by or under any written law;

   (g)   the person holding any office (whether or not any remuneration is paid in respect of such office and whether or not the appointment to such office is permanent or temporary, full-time or part-time or under a contract of service, a contract for services or otherwise) in any corporation, company, society, co-operative society or other body of persons whatsoever, whether corporate or unincorporate, where the appointment or nomination of such person to such office was made by the President, a Minister, or by or on behalf of any specified authority, and "public office" shall be construed accordingly;

   "specified authority" means–

   (a)   the Government;

   (b) and (c) [Omitted.];

   (d)   a local government authority;

   (e)   a body corporate established by or under any written law other than the Companies Act *;

   (f)   [Omitted.];

   (g)   a trade union registered under the Trade Unions Act *;

   (h)   any company registered under the Companies Act not less than fifty percent of the issued share capital of which is owned by a specified authority or, where the company is limited by guarantee, a company in respect of which the amount that the specified authority which is a member of such company has undertaken to contribute in the event of the company being wound up is not less than fifty percent of the aggregate amount which all the members have undertaken to contribute; and references in this paragraph to a specified authority include references to any such company;

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