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Kenya decisions
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Wakhungu & 2 others v Republic [2024] KECA 1426 (KLR)
The Court of Appeal allowed a criminal appeal arising from a maize tender dispute, holding that the High Court had not properly re-evaluated the evidence and that the prosecution was an abuse of process.
Ethics and Anti-Corruption Comission v Otieno & another [2023] KEHC 1459 (KLR)
The court found that the 1st Defendant, as Clerk of the County Assembly of Homa Bay and its accounting officer, unlawfully authorized payments totaling Kshs.26,272,460 to the 2nd Defendant, who had not supplied any goods or rendered any services to the Assembly. The Defendants' claim that the payments were for a car loan and mortgage was not supported by evidence, as no applications, supporting documents, or proof of allocation from the relevant funds were produced. The court held that the payments constituted fraudulent acquisition of public property and abuse of office under the Anti-Corrup…
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Republic v Njoroge [2022] KEHC 15355 (KLR)
High Court dismissed the State’s appeal against sentence in an anti-corruption case, holding that the trial court properly exercised its discretion and had given reasons for not imposing the mandatory additional fine.
Waluke & 2 others v Republic [2022] KEHC 13795 (KLR)
The High Court dismissed consolidated anti-corruption appeals, upholding convictions for uttering a false document, perjury, and fraudulent acquisition of public property.
Republic v Mangiti & 22 others [2022] KEHC 12688 (KLR)
High Court allowed an anti-corruption appeal, found a prima facie case on procurement irregularities, reversed acquittals, and ordered the respondents to defend the counts.
Republic v Rotich & 4 others [2022] KEHC 11673 (KLR)
The High Court found that the trial magistrate erred in acquitting the respondents under Section 210 and 215 of the Criminal Procedure Code. The evidence demonstrated that the respondents, as public officers, engaged in irregular procurement processes, bypassed statutory requirements, and facilitated the fraudulent acquisition of Kshs. 17,902,728 from Nairobi City County. The 1st respondent received these funds in her personal account, with cheques signed by the 2nd, 3rd, and 4th respondents, without proper procurement or supporting documentation. The court held that the prosecution establish…
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Ondiek v Republic [2022] KEHC 3002 (KLR)
The High Court dismissed an appeal against conviction for false accounting and fraudulent acquisition of public property, upholding concurrent prison sentences.
Erick Otieno Oyare v Republic [2022] KEHC 1910 (KLR)
The court found that the appellant, as the imprest holder and senior research and policy officer, was entrusted with public funds for youth training but submitted surrender documents containing inflated figures, forged signatures, and false participant details. The evidence from multiple prosecution witnesses established that the amounts indicated as paid were not actually received by the participants, and the appellant failed to provide a credible explanation for these discrepancies. The court held that the prosecution proved beyond reasonable doubt the offences of fraudulent acquisition of…
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Cephas Kamande Mwaura v Republic [2021] KEHC 6602 (KLR)
The court held that the Supreme Court's decision in Muruatetu, which declared the mandatory death sentence unconstitutional, is inapplicable to the applicant's case because his sentence under the Anti-Corruption and Economic Crimes Act was discretionary, not mandatory. The trial and appellate courts had already exercised and reviewed sentencing discretion, and the applicant had not demonstrated any violation of his constitutional rights or exceptional circumstances warranting further review. The court found no basis to vary or reduce the sentence, emphasizing that it would be improper to sit…
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Concelia Aoko Ondieki v Republic [2021] KEHC 7368 (KLR)
High Court ruling on bail pending appeal in an anti-corruption conviction. The court found no overwhelming chances of success or exceptional medical circumstances.
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