ACC 29 OF 2015 - R vs Gabriel Mburu Irungu

Summary: The accused was arraigned in court to answer to charges of breach of tendering procedures and abuse of office in relation to the irregular award of a tender for phase 2 of a project of office refurbishment. It was established that the accused sent a letter authorizing the contractor that undertook phase 1 of this tender to begin works before the Tender Committee completed deliberations on the award of the tender. The committee elected to reject the award only to realize that the rejected firm had already began working on the tender based on instructions via letter from the accused person. Signature matching matched the signature on the document to that of the accused. Similarly, the court held that the accused had a duty to ensure that an authorization to any entity to proceed with works was preceded by all prerequisite documentations, which the accused did not do, and in issuing such authorization as he did, he irregularly confered a benefit to the firm. He was found guilty on all two counts and convicted accordingly.

Fist offence date: 05/Mar/2012
Start date: 01/Jan/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: Conviction
Fine amount: KES 0.00

Resolution comments: