ACC 18 OF 2010 - Republic vs Francis Kimosop
Summary: The accused was assigned to be the coordinator of a training around HIV and AIDS Prevention and Life Skills approved and organized by the Ministry of Education. He was entrusted with workshop funds worth 9,732,000. While accounting for these monies, the accused attached payment schedules, payment receipts and other documents to his surrender voucher. Irregularities surfaced in as far as these accounting documents were concerned. The KACC established that registration schedules had been altered and forged to add names. Key documents were not stamped as required. Other key documents were missing. Others were not signed as required by the relevant officials. Witnesses testified that while their names appeared on transport reimbursement forms, they did not at all receive the monies showed in those forms. Others claimed the amounts as indicated on payment schedules were enhanced and disputed signatures. Participant lists indicated numbers lower than those indicated in payment schedules. The accused denied the charges claiming that documentation pertaining to attendees was handled by Course organizers, and that he only paid facilitators. Court rejected this contention, and in reviewing the evidence laid before it, found the accused guilty on all counts.
First offence date: 22/Sep/2009
Start date: 27/Apr/2010
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 9,732,000.00
Type of case: False accounting
Resolution comments:
Charge
Plea
Fine amount
Judgement
Count 1 - False accounting by a public officer contrary to Section 331 (1) as read with Section 331 (2) of the Penal Code
Not guilty
0.00
Conviction
Count 2 - 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
Conviction