AC 11 OF 2015 - R vs Charles Gachihi Mungai and 3 Others

Summary: The charges against the accused persons were brought in relation with the purchase of relief food in the County of Isiolo to counter the effects of the severe drought within the county, and specific to this case, the supply of gunny bags. It was alleged that the accused persons failed to follow procedure in the tendering and procurement process, and that there was a report of embezzlement and misappropriation of 200 million for relief food, and the supply of gunny bags was one of them. On cross examination, the IO conceded that what was required to be bought was bought and that the county lost no money. He also conclusively stated that he did selective investigations. The court found that due process was followed in the procurement process, and fauted the IO for doing selective investigation, and dismissed counts 1, 3 and 5 under Criminal Procedure Code Section 210. The court further found that the prosecution had failed to prove their case against the accused persons for abuse of office and acquitted them of these charges.

Fist offence date: 29/Mar/2014
Start date: 25/Nov/2015
Ruling date: 01/Jan/1970
Defendant plea: Not guilty
Amount involved: KES 0.00
Type of case: Wilful failure to comply with the law relating to the management of funds and incurring of expenditures
Type of Charge:
Type of Judgement: Acquittal
Fine amount: KES 0.00

Resolution comments:

Places

Isiolo County Govt

Employer at time of Offence -