ACC 3 OF 2017 - Republic vs Sofia Mohamed Ahmed
Summary: The accused was arraigned in court for allegedly abusing her office in the promotion and/or appointment of 6 persons to various departments in the Garissa County Department of Health without the approval of the Garissa County Public service board. She was further accused of providing false information to the GCPSB and deceiving her Principal in recommending the 6 for confirmation as opposed to promotions. The prosecution intended to rely on the testimony of 16 witnesses but after a series of applications for adjournments on account of witnesses not being ready to proceed strongly opposed by the defence, they could only manage to produce two witnesses, who happened to be the investigating officers. Evidence showed that the accused indeed wrote letters to the GCPSB seeking their approval of the named 6 officers for promotions, which the board did. Further, it was established that the accused was mandated to conduct the recruitment by the board, with aid from a board member, and that after the recruitment, the same board sat and approved the appointments, and with that, counts 1-6 failed. The court noted that the prosecution did not present any evidence showing that the accused provided false information or deceived the GCPSB, as the letter to the board indeed read "Promotions" as was the case, and therefore Counts 7 and 8 failed as well. The accused was acquitted of all charges.
First offence date: 25/Mar/2014
Start date: 09/Oct/2017
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 0.00
Type of case: Abuse of Office
Resolution comments:
Charge
Plea
Fine amount
Judgement
Count 1 - 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 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 - 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 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
Acquittal
Count 5 - 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 6 - 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 7 - Providing false information to the Garissa county public service board contrary to Section 46(1)(d) as read with Section 46(2) of the Leadership and Integrity Act
Not guilty
0.00
Acquittal
Count 8 - Knowingly deceiving principal contrary to Section 41 (2) as read with Section 48 of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Persons
Hon C.Maundu (Magistrate)
Email:
Mr Masisa (Prosecutor)
Email:
Mr Mbugua (Advocate)
Email:
Mr Maroa (Advocate)
Email:
Mohammed Boru (Investigator)
Email: