ACC NO 12 OF 2016 - Republic vs Francis King'ori Githaiga

Summary: The accused was arraigned in court in his capacity as Assistant Director Finance at Sport Stadia Management Board on charges of conflict of interest. It was alleged that while in his official capacity, the accused failed to disclose that he had a private interest as Director in East Africa Business Times Limited, and continued to participate in processing of payments for advertising through signing various cheques in favour of EABTL for advertising business. It was established that the accused intentionally hid the fact that he was a Director at EABTL, and that he intentionally failed to disclose such interest to the Board with the intention of continued use of his influential position within the Board to ensure continued business between the Board and the company. He was found guilty of 10 out of 12 charges and was convicted accordingly.

First offence date: 16/Mar/2012
Start date: 01/Jan/2016
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 533,600.00
Type of case: Conflict of Interest

Resolution comments:

Charge

Plea

Fine amount

Judgement

Count 1 - Conflict of interest contrary to Section 42(3) of the Anti Corruption and Economic Crimes Act.
Not guilty
0.00
Acquittal
Count 2 - Failure to disclose a private interest to one's principal contrary to Section 42(1)(a) of the Anti Corruption and Economic Crimes Act. Alternative: Conflict of interest contrary to Section 43(1)(b) as read with Section 137 further read with Schedule 3 Clause 7 of the Public Procurement and Disposal Act
Not guilty
0.00
Conviction
Count 3 - Failure to disclose a private interest to one's principal contrary to Section 42(1)(a) of the Anti Corruption and Economic Crimes Act. Alternative: Conflict of interest contrary to Section 43(1)(b) as read with Section 137 further read with Schedule 3 Clause 7 of the Public Procurement and Disposal Act
Not guilty
0.00
Conviction
Count 4 - Failure to disclose a private interest to one's principal contrary to Section 42(1)(a) of the Anti Corruption and Economic Crimes Act. Alternative: Conflict of interest contrary to Section 43(1)(b) as read with Section 137 further read with Schedule 3 Clause 7 of the Public Procurement and Disposal Act
Not guilty
0.00
Conviction
Count 5 - Failure to disclose a private interest to one's principal contrary to Section 42(1)(a) of the Anti Corruption and Economic Crimes Act. Alternative: Conflict of interest contrary to Section 43(1)(b) as read with Section 137 further read with Schedule 3 Clause 7 of the Public Procurement and Disposal Act
Not guilty
0.00
Conviction
Count 6 - Failure to disclose a private interest to one's principal contrary to Section 42(1)(a) of the Anti Corruption and Economic Crimes Act. Alternative: Conflict of interest contrary to Section 43(1)(b) as read with Section 137 further read with Schedule 3 Clause 7 of the Public Procurement and Disposal Act
Not guilty
0.00
Acquittal
Count 7 - Failure to disclose a private interest to one's principal contrary to Section 42(1)(a) of the Anti Corruption and Economic Crimes Act. Alternative: Conflict of interest contrary to Section 43(1)(b) as read with Section 137 further read with Schedule 3 Clause 7 of the Public Procurement and Disposal Act
Not guilty
0.00
Conviction
Count 8 - Failure to disclose a private interest to one's principal contrary to Section 42(1)(a) of the Anti Corruption and Economic Crimes Act. Alternative: Conflict of interest contrary to Section 43(1)(b) as read with Section 137 further read with Schedule 3 Clause 7 of the Public Procurement and Disposal Act
Not guilty
0.00
Conviction
Count 9 - Failure to disclose a private interest to one's principal contrary to Section 42(1)(a) of the Anti Corruption and Economic Crimes Act. Alternative: Conflict of interest contrary to Section 43(1)(b) as read with Section 137 further read with Schedule 3 Clause 7 of the Public Procurement and Disposal Act
Not guilty
0.00
Conviction
Count 10 - Failure to disclose a private interest to one's principal contrary to Section 42(1)(a) of the Anti Corruption and Economic Crimes Act. Alternative: Conflict of interest contrary to Section 43(1)(b) as read with Section 137 further read with Schedule 3 Clause 7 of the Public Procurement and Disposal Act
Not guilty
0.00
Conviction
Count 11 - Failure to disclose a private interest to one's principal contrary to Section 42(1)(a) of the Anti Corruption and Economic Crimes Act. Alternative: Conflict of interest contrary to Section 43(1)(b) as read with Section 137 further read with Schedule 3 Clause 7 of the Public Procurement and Disposal Act
0.00
Conviction
Count 12 - Failure to disclose a private interest to one's principal contrary to Section 42(1)(a) of the Anti Corruption and Economic Crimes Act. Alternative: Conflict of interest contrary to Section 43(1)(b) as read with Section 137 further read with Schedule 3 Clause 7 of the Public Procurement and Disposal Act
0.00
Conviction

Places

Sports Stadia Management Board

Employer at time of Offence -