AC 5 OF 2015 - Republic vs Stephen Mburu Ndiba

Summary: The accused was arraigned in court for allegedly using his office to improperly confer a benefit to John Mwangi Ndirangu and Julius Ndururi Gatamu by issuing them with Title deeds for parcels of land in Laikipia. The accused i his defence said he followed the right procedure and listed the documents he relied on, confirmed by his witness, the Land Registrar. The court in assessing the evidence before it was critical of how key documents referred to by the Investigating Officer were obtained, and stated that the investigator took short cuts in investigating this case, which proved fatal to the case. The court noted that had the IO followed the correct procedure in acquiring the documents, the court would have come to a different conclusion. The accused was acquitted under Criminal Procedure Code S 215.

First offence date: 18/Mar/2009
Start date: 11/Jun/2014
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 0.00
Type of case: Soliciting for a Benefit

Resolution comments:

Charge

Plea

Fine amount

Judgement

Count 1 - Corruptly soliciting for a benefit contrary to Section 39(3)(a) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act.
Not guilty
0.00
Acquittal
Count 2 - Corruptly soliciting for a benefit contrary to Section 39(3)(a) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act.
Not guilty
0.00
Acquittal

Places

Ministry of Lands

Employer at time of Offence -