ACC 7 OF 2015 - Republic vs Regina Chepkemoi Rotich and 4 others
Summary: The accused persons were arraigned In court to answer to charges related to various procurement irregularities indicated by discrepancies in various vouchers. All the subject vouchers, cheques, attachments and other documents were presented in court. Witnesses called by the prosecution who were identified as beneficiaies of the various awarded tenders in question testified that they never sent quotations bearing their names or got paid the sums indicated by various payment vouchers presented by the prosecution as evidence. However, the court noted that while the prosecution attempted to prosecute on grounds that goods were not supplied, witnesses called by the prosecution stated that indeed, the goods were supplied. One witness stated that he was actually paid. It concluded that contrary to the prosecution's averments, overwhelming evidence showed that the subject goods and servives were actually rendered. Further, the court held that the 1st accused did not in fact improperly benefit from the transactions in question based on ETR receipts showing that services were rendered and goods supplied. Further, the court noted that there was selective prosecution without merit. In considering all these, the court acquitted all the accused persons under Criminal Procedure Code Section 215.
First offence date: 21/Jan/2014
Start date: 04/Apr/2015
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 0.00
Type of case: Fraud, Abuse of Office
Resolution comments:
Charge
Plea
Fine amount
Judgement
Count 1 - Conspiracy to commit an offence of corruption contrary to Section 47 A as read with Section 48 (1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 2 - Fraudulent acquisition of public property contrary to Section 45(1)(a) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 3 - Uttering a false document contrary to Section 353 of the Penal Code
Not guilty
0.00
Acquittal
Count 4 - Abuse of office contrary to Section 46 as read with Section 48(1)(a) of the Anti Corruption and Economic Crimes Act Alt: Fraudulently making payment from public revenue for goods not supplied contrary to Section 45(2)(a) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 5 - Uttering a false document contrary to Section 353 of the Penal Code
Not guilty
0.00
Acquittal
Count 6 - Abuse of office contrary to Section 46 as read with Section 48(1)(a) of the Anti Corruption and Economic Crimes Act Alt: Fraudulently making payment from public revenue for goods not supplied contrary to Section 45(2)(a) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 7 - Abuse of office contrary to Section 46 as read with Section 48(1)(a) of the Anti Corruption and Economic Crimes Act Alt: Fraudulently making payment from public revenue for goods not supplied contrary to Section 45(2)(a) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 8 - Abuse of office contrary to Section 46 as read with Section 48(1)(a) of the Anti Corruption and Economic Crimes Act Alt: Fraudulently making payment from public revenue for goods not supplied contrary to Section 45(2)(a) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 9 - Abuse of office contrary to Section 46 as read with Section 48(1)(a) of the Anti Corruption and Economic Crimes Act Alt: Fraudulently making payment from public revenue for goods not supplied contrary to Section 45(2)(a) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 10 - Abuse of office contrary to Section 46 as read with Section 48(1)(a) of the Anti Corruption and Economic Crimes Act Alt: Fraudulently making payment from public revenue for goods not supplied contrary to Section 45(2)(a) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal