CRIMINAL APPEAL NO 25 OF 2018 - DPP vs Stephen Mburu Ndiba
Summary: This appeal arose from a conviction and sentence in Nyeri ACC 2 of 2015. The facts of the case were that the accused used his office to improperly confer a benefit to one Julius Ndururi Gatamu by issuing him with a Title deed for a parcel of land in Laikipia. The accused gave a detailed account of the process he employed to issue the title deed and the reference documents he relied on, none of which were disputed by the State. It was however established that the register of members as one of the relied upon documents had numerous alterations, gaps, cancellationsand white outs. None of the witnesses however could tell who or when the alterations were made and for what purpose. The appellant's case was entirely premised on the argument that the Respondent did not follow procedure in issuing the title. However, no witness called could explain to the court which procedure it was that was not followed. While the court admitted that the land transaction was riddled with irregularities, it stated that the investigators ought to have done a better job investigating the mess and nab the culprits, and proceeded to uphold the trial court's acquittal.
First offence date: 19/Mar/2009
Start date: 01/Jan/2018
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
Appeal dismissed