ACC 30 OF 2018 - Republic vs Esther Nyambura Thogori, Bonny Stephen Otieno Oduor and George Gichuri Karume
Summary: The 3 accused persons presented themselves to a Mr Li Wen Xue as being able to obtain building approvals from the Nairobi City County on his behalf. They proceeded to obtain Kes 8,891,943 purporting to be building approval fees from Mr Li and made a false Nairobi City County Government Construction Invoice and a NCCG Authority Information Financial and Operation Management Receipt purporting them to be a genuine County Govt invoices. Mr Li after paying the amounts, wrote to the Urban Planner inquiring on the reason for approval delays yet he had paid the requisite amounts. He attached a payment receipt and an invoice. Upon interrogating the system, the Urban Planner replied with a comment that while the application had been made, no fees had been paid and no invoice had been issued in its favour. The accused persons were arrested and arraigned in court to answer to charges where they were found guilty on all charges.
First offence date: 11/May/2015
Start date: 01/Jan/2018
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 8,891,943.00
Type of case: Fraud, Conspiracy to commit an offence of corruption and economic crime
Resolution comments:
Charge
Plea
Fine amount
Judgement
Count 1 - Conspiracy to commit an economic crime contrary to Section 47 (A)(3) as read with Section 48 of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Conviction
Count 2 - Conspiracy to defraud contrary to Section 317 of the Penal Code
Not guilty
0.00
Conviction
Count 3 - Obtaining money by false pretences contrary to Section 313 of the Penal Code
Not guilty
0.00
Conviction
Count 4 - Making a false document contrary to Section 347 as read with Section 349 of the Penal Code
Not guilty
0.00
Conviction
Count 5 - Uttering a false document contrary to Section 353 of the Penal Code
Not guilty
0.00
Conviction
Count 6 - Making a false document contrary to Section 347 as read with Section 349 of the Penal Code
Not guilty
0.00
Conviction
Count 7 - Uttering a false document contrary to Section 353 of the Penal Code
Not guilty
0.00
Conviction
Persons
Mr Wachira (Advocate)
Email:
Mr Wanyanga (Advocate)
Email:
Mr Kangai (Advocate)
Email:
Ali Mandera (Investigator)
Email: