ANTI-CORUPTION CRIMINAL APPEAL NO 9 OF 2019 - James Odhiambo vs Republic
Summary: This appeal arose from the trial and subsequent conviction of the appellant on the charge of knowingly giving a false document to one's principal contrary to Section 42(2) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act. The facts of the case were that the appellant was charged in court in relation to the requisition and eventual approval of an imperest for 2,263,440/- processed in the accused person's name. The requisition of this imprest was based on a letter purpoted to be from the PS, which turned out to be a fake. Investigations also established that at the time the accused was making his surrenders, no work had been done. The accused also forged KRA receipts and other receipts, which forensics showed had been forged by the accused person. Persons alleged to have made or received supplies and deliveries testified that they never issued those materials. The court therefore found the accused guilty in count 1. As for count 2, the court noted that the witness who would have proved the case against the accused person was not credible, and that his evidence actually exonorated the accused person. As such, the accused was acquitted on this count. The appeal herein was lodged on grounds that the honourable court shifted the burden of proof to the appellant and that the prosecution had failed to prove its case beyond any reasonable doubt. The court in reviewing the evidence concluded that the prosecution's case was strong, and that from the evidence, the trial court rightly found that the appellant forged supporting documents in the surrender imprest. The appeal was accordingly dismissed.
First offence date: 06/Apr/2008
Start date: 15/Mar/2011
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 2,263,440.00
Type of case: Fraud, False accounting
Resolution comments:
Charge
Plea
Fine amount
Judgement
Count 1 - Knowingly giving a false document to his Principal contrary to Section 41 (2) as read with Section 48 of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Appeal dismissed
Count 2 - Uttering a false document contrary to Section 353 of the Penal Code
Not guilty
0.00
Appeal dismissed