CRIMINAL APPEAL NO 13 OF 2016 - DPP VS Margaret Kamonya Ndanyi and Mutheki Muvengei Mbiti
Summary: In the initial case at the Magistrates court vide case ACC 7 OF 2011, A1 was arraigned in court to answer to charges of false accounting, fradulent acquisition of property and a further 6 counts of uttering a false document with intent to defraud, charges which the magistrate court acquitted her of. It was the prosecution's case that A1 had embezzled funds relating to the Kenya Education Sector Support Programme with regard to several vouchers for payments. The court heard that various payments totalling 1,697,500 reflected as having been made on the schedules surrendered by A1 had not actually be done. Work tickets surrendered by A1 for vehicles used by the programme did not match original work tickets obtained by investigators from the Ministry of Health. Allegations of inflations of figures shown in payment schedules and forgeries of writings and signatures were shown to the court. The court recognized that while there was indeed overwhelming evidence that in an attempt to account for monies received, A1 tendered false accounting evidence, investigators neglected to have the Document Examiner link the handwriting on the false accounting documents to A1's handwriting, and therefore it was difficult to conclude without a doubt that it was A1 who falsified the surrender documents or tht she knowingly gave false statements to her principal. Further, the amount alleged to have been misappropriated as per the charge sheet was 1735500/=, while the IO in his testimony talked of 1679500/=. No evidence was tendered that A1 benefited from the misappropriated imprest sum. As for the work tickets, the court stated that the prosecution failed to produce the work ticket register from the Ministry of Health, and that the evidence by the prosectution did not exclude the possibility of offences having been committed by other persons. The court upheld the trial court's decision.
First offence date: 22/Jun/2009
Start date: 01/Jan/2011
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 8,549,642.00
Type of case: False accounting, Fraud
Resolution comments:
Charge
Plea
Fine amount
Judgement
Count 1 - False accounting contrary to Section 331 (2) of the Penal Code
Not guilty
0.00
Appeal dismissed
Count 2 - Fraudulent acquisition of public property contrary to Section 45(1)(a) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Appeal dismissed
Count 3 - Uttering a false document contrary to Section 353 of the Penal Code
Not guilty
0.00
Appeal dismissed
Count 4 - Uttering a false document contrary to Section 353 of the Penal Code
Not guilty
0.00
Appeal dismissed
Count 5 - Uttering a false document contrary to Section 353 of the Penal Code
Not guilty
0.00
Appeal dismissed
Count 6 - Uttering a false document contrary to Section 353 of the Penal Code
Not guilty
0.00
Appeal dismissed
Count 7 - Uttering a false document contrary to Section 353 of the Penal Code
Not guilty
0.00
Appeal dismissed
Count 8 - Uttering a false document contrary to Section 353 of the Penal Code
Not guilty
0.00
Appeal dismissed