Rada by TI Kenya

ACC 29 OF 2011 - Republic vs James Odhiambo

Summary: The accused person was charged in court in relation to the requisition and eventual approval of an imperest for Ksh.2,263,440 processed in the accused person's name. The requisition of this imprest was based on a letter purpoted to be from the PS, which turned out to be a fake. Investigations also established that at the time the accused was making his surrenders, no work had been done. The accused also forged KRA receipts and other receipts, which forensics showed had been forged by the accused person. Persons alleged to have made or received supplies and deliveries testified that they never issued those materials. The court therefore found the accused guilty in count 1. As for count 2, the court noted that the witness who would have proved the case against the accused person was not credible, and that his evidence actually exonorated the accused person. As such, the accused was acquitted on this count.

First offence date: 04/Jun/2008

Start date: 11/Jul/2011

Ruling date: 01/Jan/1970

Defendant plea:

Amount involved: KES 2,263,440.00

Type of case: Fraud, False accounting

Resolution comments:

Charge

Plea

Fine amount

Judgement

Count 1 - Knowingly giving a false document to one's principal contrary to Section 42(2) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act. Alt.: False accounting by a public officer contrary to Section 331(1) as read with 331(2) of the Penal Code

Not guilty

0.00

Conviction

Count 2 - Uttering a false document contrary to Section 353 of the Penal Code

Not guilty

0.00

Acquittal