Emmanuel Daudi Mollel v The Republic
The conviction for corrupt transaction was not supported by evidence as the prosecution failed to prove the necessary elements. However, the offences of obtaining money by false pretence and uttering a false document were proved beyond reasonable doubt by the evidence of PW2, corroborated by documentary and expert evidence. Defects in the charge sheet did not prejudice the appellant and were curable. The chain of custody argument was unfounded as the document was properly traced. Failure to call certain witnesses or produce CCTV footage was not fatal as the evidence adduced was sufficient.
Source excerpt
- Corrupt transactions
- Obtaining money by false pretence
- Uttering false document
- Stealing by public servant
- Defective charge
- Standard of proof