ACC 3 OF 2014 - Republic vs David Maitha Mutwiwa

Summary: The accused person was arraigned in court to answer to impersonation and forgery charges in relation to an incident where the accused is alleged to have called the Managing Director of the Geothermal Development Company and presented himself as an EACC official investigating a matter. The MD agreed, but decided to call EACC offices to inquire further on the subject of investigtion. The EACC official line disowned the name of the accused and immeditely dispatched officers to the office of the MD, who lay in wait and arrested the accused as soon as he arrived at the MD's office. He had in his possession a fake EACC badge which was the subject of Count 2. The court in reviewing the evidence before it extablished that the badge was indeed a forgery. The Human Resource Officer at EACC also disowned the accused person as being an employee with the EACC. It is on this basis that the court proceeded to convict the accused person in all counts.

First offence date: 11/Mar/2014
Start date: 12/Mar/2014
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 0.00
Type of case:

Resolution comments:



Fine amount


Count 1 - Impersonating an Investigator contrary to Section 34(1) as read with Section 34(2) of the Anti Corruption and Economic Crimes Act
Not guilty
Count 2 - Uttering a false document contrary to Section 353 of the Penal Code
Not guilty