EACC 1 OF 2016 - Republic vs Nathif Jamaa Adan & 6 Others
Summary: The accused were charged in 5 counts individually and/or collectively in offences relating to the procurement of ambulance services for Garissa County Government from the Red Cross E-Plus Limited. It was alleged that they flouted procurement laws and procedures, failed to prudently manage public funds, and that the tender committee failed to conduct due diligence in the procurement process. In the course of proceedings it emerged that the DPP formed his decision to prosecute the accused persons based on a report by an improperly constituted EACC recommending the prosecution of the accused persons. The prosecutor attempted to withdraw the matter under S 87(a) of the CPC, which was strongly opposed by Defence sounsel on grounds that under the said provision, his clients could be rearrested and charged afresh over the same charges. He argued that the case had taken too long in court (One and a half years), and that his line of defence as he cross-examined the witnesses was that the EACC was not properly constituted when the accused persons were charged in court. He urged the court to acquit the accused rather than discharge them under S 87(a) of the CPC. The court concluded that the constitution granted accused persons the right to a fair and expeditious disposal of their case and a discharge would be prejudicial and unfair to them. Further, the court noted that the case was at an advanced stage having heard a total of 11 witnesses, and that the quality of the evidence they had presented was thus far very weak and in any event would have resulted in an acquittal. The court declined the application to withdraw and acquitted the accused persons.
First offence date: 19/Mar/2014
Start date: 02/Jun/2016
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 0.00
Type of case: Soliciting for a benefit
Resolution comments:
Charge
Plea
Fine amount
Judgement
Count 1 - 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
Acquittal
Count 2 - Willful failure to comply with the law relating to management of funds contrary to Section 45(2) as read with Section 48 of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 3 - Wilful failure to comply with the law and applicable procedures relating to procurement contrary to Section 45 (2)(b) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 4 - Willful failure to comply with the law relating to management of funds contrary to Section 45(2) as read with Section 48 of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 5 - Engaging in a project without prior planning contrary to Section 45 (2)(c) as read with Section 48 of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Persons
Sahal Ali (Accused person)
Email:
Hon C.Maundu (Magistrate)
Email:
Mr Omondi (Prosecutor)
Email:
Mr Cohen (Advocate)
Email: