CRIMINAL APPEAL NO 14 OF 2016 - Gabriel Mburu Irungu vs Republic
Summary: This appeal arose from the conviction and sentence of the appellant on charges of breach of tendering procedures and abuse of office. The facts of the case are that the appellant was arraigned in court to answer to charges of breach of tendering procedures and abuse of office in relation to the irregular award of a tender for phase 2 of a project of office refurbishment. It was established that the accused sent a letter authorizing the contractor that undertook phase 1 of this tender to begin works before the Tender Committee completed deliberations on the award of the tender. The committee elected to reject the award only to realize that the rejected firm had already began working on the tender based on instructions via letter from the accused person. Signature matching matched the signature on the document to that of the accused. Similarly, the court held that the accused had a duty to ensure that an authorization to any entity to proceed with works was preceded by all prerequisite documentations, which the accused did not do, and in issuing such authorization as he did, he irregularly confered a benefit to the firm. He was found guilty on all two counts and convicted accordingly. The appellant's grounds of appeal were summarized by the court as; Whether the EACC was properly constituted at the time it made its report and recommendations to the DPP in respect of the Appellant; Whether the prosecution proved its case on the two counts against the Appellant beyond reasonable doubt; Whether the trial court considered the appellant’s defence. The court concluded that the case was investigated when EACC was not properly constituted. The report and recommendations to the DPP were also forwarded during the same period, and that this technicality alone rendered the prosecution of the appellant a nullity. The appeal was allowed, and the appellant was accordingly acquitted.
First offence date: 05/Mar/2012
Start date: 30/Nov/-0001
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 0.00
Type of case: Abuse of Office
Resolution comments:
Charge
Plea
Fine amount
Judgement
Count 1 - Wilful failure to comply with the applicable procedures and guidelines relating to procurement and tendering of contracts contrary to Section 45(2)(b) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Appeal allowed
Count 2 - Abuse of office contrary to Section 46 as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Appeal allowed