AC 11 OF 2015 - Republic 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.
First offence date: 29/Mar/2014
Start date: 25/Nov/2015
Ruling date: 01/Jan/1970
Defendant plea:
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, Abuse of Office
Resolution comments:
Charge
Plea
Fine amount
Judgement
Count 1 - Wilful failure to comply with the law, applicable procedures and guidelines relating to tendering of contracts contrary to Section 29(2), 3(a),(b), 73(2)(a)&(b) of the Public Procurement and Disposal Act as read with Regulation 53(1) of the Procurement and Disposal Regulations 2006.
Not guilty
0.00
Acquittal
Count 2 - 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
Count 3 - Willful failure to comply with the law relating to management of funds contrary to Section 45(2) as read with Section 48 of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 4 - Willful failure to comply with the law relating to management of funds contrary to Section 45(2) as read with Section 48 of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 5 - Wilful failure to comply with the law relating to procurement of property contrary to Section 45(2)(b) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Persons
Mr Karoki (Prosecutor)
Email:
Mr Mbuthia (Advocate)
Email:
Mr Kiogora (Advocate)
Email:
Mohammed Boru (Investigator)
Email: