ACC 1 OF 2010 - Republic vs Javan Ombaso Abaga & Paul Mogire Sindani
Summary: The accused persons were charged with fraudulently disposing of public property, forgery and false accounting in relation to payments made to IDPs through a resettlement and compensation programme for displaced persons using government funds. In reviewing the role played by the 2nd accused in the process, it was established that he had no role to play in the movement and control of the monies disbursed to IDPs, as he was never a recipient of those funds. This was the singular function of the 1st accused who was the imprest holder. As such, count 1 was dismissed. As relates the forgeries, the court held that there was no evidence before the court to show that the writings in the forms containing names for payment were made by the 2nd accused. Contradictions between the document examiner and the lead investigator as regards the forensic examination of the documents also cast a dark shadow on their evidence. There was also no evidence showing the 2nd accused was primarily involved in writing the details in those forms, and therefore counts 2-10 failed.
First offence date: 10/Mar/2009
Start date: 07/Jan/2010
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 8,750,000.00
Type of case: Fraud, False accounting
Resolution comments:
Charge
Plea
Fine amount
Judgement
Count 1 - Fraudulent disposal of property contrary to Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 2 - Forgery contrary to Section 349 as read with 345 and 348 of the Penal Code
Not guilty
0.00
Acquittal
Count 3 - Forgery contrary to Section 349 as read with 345 and 348 of the Penal Code
Not guilty
0.00
Acquittal
Count 4 - Forgery contrary to Section 349 as read with 345 and 348 of the Penal Code
Not guilty
0.00
Acquittal
Count 5 - Forgery contrary to Section 349 as read with 345 and 348 of the Penal Code
Not guilty
0.00
Acquittal
Count 6 - Forgery contrary to Section 349 as read with 345 and 348 of the Penal Code
Not guilty
0.00
Acquittal
Count 7 - Forgery contrary to Section 349 as read with 345 and 348 of the Penal Code
Not guilty
0.00
Acquittal
Count 8 - Forgery contrary to Section 349 as read with 345 and 348 of the Penal Code
Not guilty
0.00
Acquittal
Count 9 - Forgery contrary to Section 349 as read with 345 and 348 of the Penal Code
Not guilty
0.00
Acquittal
Count 10 - Forgery contrary to Section 349 as read with 345 and 348 of the Penal Code
Not guilty
0.00
Acquittal
Count 11 - Fraud by a person employed in the public service contrary to Section 127(1) as read with 127(2) of the Penal Code
Not guilty
0.00
Discharge
Count 12 - False accounting by a public officer contrary to Section 331 (1) as read with Section 331 (2) of the Penal Code
Not guilty
0.00
Discharge
Places
Chief Magistrates Court-Nakuru
Court -
Ministry of State for Special Programmes
Employer at time of Offence -