ACC 7 OF 2015 - R 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.

Fist offence date: 21/Jan/2014
Start date: 04/Apr/2015
Ruling date: 01/Jan/1970
Defendant plea: Not guilty
Amount involved: KES 0.00
Type of case:
Type of Charge:
Type of Judgement:
Fine amount: KES 0.00

Resolution comments:

Places

Nairobi City County

Employer at time of Offence -