ACC 1 OF 2013 - Republic vs Gerald Kimathi Ibuthia & Pamela Nanjala Wakoli
Summary: The accused person, was arraigned in court to answer to 7 charges relating to a tender for road construction by KERRA awarded to Belcher Works Ltd. The prosecution's case was that A1 falsified tender documents as well as a Certificate of Incorporation and KRA Pin for Belcher Works Limited, a company associated with him and which had been awarded a tender for road works by KERRA. A1 was also charged with failing to notify his principal, the KERRA, that he had an interest in the company that he was evaluating for award of a tender to do road works. In reviewing the evidence before it, the court noted that A1 had relinquished his interest in Belcher Works Lts at the time Belcher was applying for the tender, and as such, he had no interest to disclose. The court also concluded that there was no evidence tying the accused persons to the forged documents, which forgeries the court attributed to PW1, and that the prosecution failed to prove the elements of forgery and making a document without authority. The handwriting expert also was very general with his analysis, and did not explain to the court the particular features that led to his conclusion. Further, it was established in court that the ODPP had not authorized EACC's prosecution of this case as required by law, which in itself was fatal to this case. As a result, the court acquitted both accused persons under Section 215 of the Criminal Procedure Code.
First offence date: 30/Jan/2012
Start date: 22/Mar/2013
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 0.00
Type of case: Abuse of Office, Conflict of Interest
Resolution comments:
Charge
Plea
Fine amount
Judgement
Count 1 - Making a false document contrary to Section 347 as read with Section 349 of the Penal Code
Not guilty
0.00
Acquittal
Count 2 - Uttering a false document contrary to Section 353 of the Penal Code
Not guilty
0.00
Acquittal
Count 3 - Uttering a false document contrary to Section 353 of the Penal Code
Not guilty
0.00
Acquittal
Count 4 - Making a document without authority contrary to S 357 (a) of the Penal Code
Not guilty
0.00
Acquittal
Count 5 - Making a document without authority contrary to S 357 (a) of the Penal Code
Not guilty
0.00
Acquittal
Count 6 - 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
Acquittal
Count 7 - 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
Acquittal
Count 8 - Willful failureto comply with the law relating to procurement of services contrary to Section 45(2)(b) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 9 - Failure to disclose a private interest to one's principal contrary to Section 42(1) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 10 - Making a false document contrary to Section 347 as read with Section 349 of the Penal Code
Not guilty
0.00
Acquittal
Count 11 - Making a false document contrary to Section 347 as read with Section 349 of the Penal Code
Not guilty
0.00
Acquittal
Persons
Hon L. Ambasi (Magistrate)
Email:
Mr Musyoka (Prosecutor)
Email:
Mr Mbogo (Advocate)
Email:
Fred Lulkrom (Investigator)
Email:
Places
Chief Magistrates Court - Meru
Court -
Kenya Rural Road Authority - Meru County Tender Committee
Employer at time of Offence -