[2020] KEHC 1406 (KLR)

[2020] KEHC 1406 (KLR)

The court found that the appellant, as the cashier in charge of the Ministry of Water and Irrigation, was responsible for accounting for all funds received. The evidence, including cash books, audit reports, and bank statements, established that the appellant received the funds in question but failed to account for them, as the purported bankings were not reflected in the bank statements. The court rejected the appellant's argument that verification by supervisors absolved him, noting that such verification was irregular and, in some cases, involved individuals who were themselves implicated. The court held that the respondent met the requisite standard of proof for fraud and that the...

Citation
[2020] KEHC 1406 (KLR)
Parties
Appellant: Michael Kibuchi Gituto; Respondent: Ethics & Anti-Corruption Commission
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Judgment Date
2 December 2020
Case Number
Civil Appeal 51 of 2019
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Judges
LM Njuguna
Legal Topics
Embezzlement of Funds, Burden of Proof, Fraudulent Accounting, Public Officer Liability
Source Language
English
Civil Procedure Commercial and Corporate Embezzlement of Funds Burden of Proof Fraudulent Accounting Public Officer Liability

Case Brief

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Parties

Michael Kibuchi Gituto

Appellant

Ethics & Anti-Corruption Commission

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant embezzled, misappropriated, or failed to account for Kshs. 2,469,184.90 collected on behalf of the Ministry of Water and Irrigation.
  2. 2 Whether the respondent proved the allegations of fraud against the appellant to the required standard.
  3. 3 Whether the trial court erred in its application of the burden of proof and the standard of proof for fraud.

Ratio Decidendi

The court found that the appellant, as the cashier in charge of the Ministry of Water and Irrigation, was responsible for accounting for all funds received. The evidence, including cash books, audit reports, and bank statements, established that the appellant received the funds in question but failed to account for them, as the purported bankings were not reflected in the bank statements. The court rejected the appellant's argument that verification by supervisors absolved him, noting that such verification was irregular and, in some cases, involved individuals who were themselves implicated. The court held that the respondent met the requisite standard of proof for fraud and that the...

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs to the respondent.