ACC 20 OF 2015 - Republic vs Nicholas Karume & 7 Others
Summary: The accused persons were arraigned in court in relation to the award of a tender in respect of Rig Move Services at a price of 42,746,000 per rig, which was in excess of the prevailing market price of 25,000,000. Prosecution applied for a withdrawal under Criminal Procedure Code S 87(a) in the course of trial based on a letter from the DPP issuing instructions to withdraw on merit of a Court of Appeal judgment to the effect that the EACC was at the time of investigating this matter not properly constituted, and that there was a pending appeal on the same. Accused discharged under said section.
First offence date: 29/Aug/2012
Start date: 01/Jan/2015
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 42,746,000.00
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 and applicable procedures relating to procurement contrary to Section 45 (2)(b) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Discharge
Count 2 - Inappropriate influence of evaluation contrary to Section 30(1) as read with Section 38(2) of the Public Procurement and Disposal Act
Not guilty
0.00
Discharge
Count 3 - Wilful failure to comply with the law and applicable procedures relating to procurement contrary to Section 45 (2)(b) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Discharge
Count 4 - 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
Discharge
Count 5 - Wilful failure to comply with the law relating to management contrary to Section 45(2)(b) as read with Section 48(1)(a) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Discharge
Persons
Mr Ondari (Prosecutor)
Email:
Mr Kithi (Advocate)
Email:
Mr Kithi (Advocate)
Email:
Mr Kahonge (Advocate)
Email:
Kioko Kilukumi (Advocate)
Email:
Mr Nyamu (Advocate)
Email:
Places
Milimani Anti-Corruption Court
Court -
Geothermal Development Company
Employer at time of Offence -