ACC 2 OF 2015 - Republic vs Stephen Mburu Ndiba
Summary: The accused was arraigned in court for allegedly using his office to improperly confer a benefit to one Julius Ndururi Gatamu by issuing him with a Title deed for a parcel of land in Laikipia. The accused gave a detailed account of the process he employed to issue the title deed and the reference documents he relied on, none of which were disputed by the State. The case however had numerous inconsistencies and disrepancies. For one, key documents that were relied on by the prosecution were disputed by the prosecution's own witnesses, who claimed they did not authorize or certify those documents for their release for use in court. The register of members as one of the relied upon documents had numerous alterations, gaps, cancellations and white outs. None of the witnesses however could tell who or when the alterations were made and for what purpose. Inconsistencies in the Investigating Officers testimony were red flags for the court. Key witnesses were not called. The court stated that the investigator took short cuts in investigating this case, which proved fatal to the case. Based on this, The accused was acquiited under Criminal Procedure Code S 215.
First offence date: 19/Mar/2009
Start date: 04/Jun/2015
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 - 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