Office of Director Public Prosecutions

OFFICE OF DIRECTOR PUBLIC PROSECUTIONS

ANTI-CORRUPTION CASES IN COURT COMING UP WEEK STARTING 13TH AND ENDING 17TH FEBRUARY, 2017

S/No. / CASE NO. / COURT / COUNTY / CRIMINAL CASE SUMMARY / CHARGES / NAMES OF ACCUSED PERSON(S) / DESIGNATION / AMOUNT / INSTITUTION / STATUS / DATE IN COURT
1 / ACC/2/2014 / EMBU LAW COURT NO. 1 / EMBU / ACCUSED PERSONS BEEN EMPLOYEES OF CHUKA MUSICALITY CONSPIRED TO DEFRAUD MONEY BY AWARDING TENDERS FOR WORKS WHICH WERE NOT DONE. / CONSPIRACY TO COMMIT AN OFFENCE OF CORRUPTION AND ABUSE OF OFFICE. / HARAMBEE JOHN GIKINGO; ENG. HENRY KATISO; SMITH GIKUNDA; RICHARD NYAIRO; ANN WANGECHI; EE MUGENDI; MARTIN MWENDA; ALBERT KINYUA MBAABU / COUNTY OFFICIALS / 4,734,577.00 / THARAKA NITHI COUNTY GOVERNMENT / 3 WITNESSES TESTIFIED, 5 WITNESSES REMAINING. HEARING ON 14TH TO 16TH FEBRUARY 2017. / 14-Feb-17
2 / JR/77/2015 / EMBU HIGH COURT / EMBU / CARELESS FAILURE TO COMPLY WITH THE LAW RELATING TO PROCUREMENT AND FRAUDULENT ACQUISITION OF PUBLIC PROPERTY. PROSECUTION DID NOT PRODUCE DOCUMENT EXAMINERS REPORT AT THE TIME IT CLOSED ITS CASE. THE I.O. FAILED TO AVAIL IT. / WILFUL FAILURE TO FOLLOW PROCUREMENT PROCEDURES –C/SEC 45(2); FRAUDULENT ACQUISITION OF PUBLIC PROPERTY. / JOEL MWALALO NGONGODI; DICKSON NDUATI NDUNGU / LABOUR OFFICER / MINISTRY OF LABOUR / MENTION ON 15TH DECEMBER 2016 TO CONFIRM SERVICE. MENTION ON 16TH JANUARY 2017 TO CONFIRM SERVICE. FURTHER MENTION ON 17TH FEBRUARY 2017 FOR FURTHER DIRECTIONS. / 17-Feb-17
3 / ACC/1A/2015 / EMBU LAW COURT NO.1 / EMBU / THE ACCUSED IS A POLICE OFFICER WHO DEMANDED KSHS. 5,000/= AS INDUCEMENT TO RELEASE THE COMPLAINANT WHO HAS BEEN ARRESTED. / CT. I: CORRUPTLY SOLICITING AND RECEIVING A BENEFIT C/S 39 (3) ASRW S. 48 (1) OF ACECA. / PHILIP MWANIKI / POLICE OFFICER / 5,000.00 / NATIONAL POLICE SERVICE / 11 WITNESSES ON RECORD. NONE HAS TESTIFIED. HEARING ON 15TH FEBRUARY 2017. / 15-Feb-17
CR/2007/2016 / KAJIADO LAW COURTS / KAJIADO / STING OPERATION / CORRUPTLY SOLICITING AND RECEIVING BENEFIT C/SEC 39(3)(A) AS READ WITH SECTION 48(1) OF THE ACECA / ALEX MUTUA NAKAMET / PLEA NOT TAKEN. MENTION ON 30TH NOVEMBER 2016. WARRANT OF ARREST ISSUED AGAINST ACCUSED. MENTION 11TH JANUARY 2017. HEARING ON 16TH FEBRUARY 2017. / 16-Feb-17
4 / ACC/1/2013 / KERICHO LAW COURTS / KERICHO / THE ACCUSED PERSONS BEEN EMPLOYEES OF A PUBLIC BODY TO WIT MINISTRY OF INTERIOR AND INTERNAL SECURITY AND OFFICE OF THE PRESIDENT/ PROVINCIAL ADMINISTRATION (PHILLIP SOI - CHIEF - ABOSSI LOCATION AND JOHN KIPTANUI - ASSISTANT CHIEF - ABOSSI SUB - LOCATION, SOTIK IN BOMET COUNTY) CORRUPTLY SOLICITED FOR A BENEFIT OF KSHS. 40,000/= FROM CHARLES KORIR KIBET AS AN INDUCEMENT SO AS TO ELIMINATE HIS NAME FROM THE LIST OF SUSPECTED LIVESTOCK THEFT. / CT. I - IV: CORRUPTLY SOLICITING & RECEIVING A BENEFIT C/SEC 39(3)(A) AS READ WITH SEC.48(1) OF THE ACECA NO.3 OF 2003 / JOHN KIPTANUI KIBET; PHILIP KIPKOECH SOI / 67,000.00 / MINISTRY OF INTERIOR AND INTERNAL SECURITY/ OFFICE OF THE PRESIDENT - PROVINCIAL ADMINISTRATION. / 10 WITNESSES ON RECORD. 3 WITNESSES HAVE TESTIFIED. HEARING ON 16TH NOVEMBER, 2016. MAGISTRATE NOT SITTING. 3 MORE WITNESSES TO BE BONDED. MENTION ON 15TH FEBRUARY 2016. / 15-Feb-17
5 / ACC/6695/2015 / THIKA LAW COURTS / KIAMBU / THE COMPLAINANT MADE A REPORT AT THE EACC OFFICES THAT THE ACCUSED PERSONS WHO ARE OFFICERS OF KIAMBU COUNTY GOVERNMENT HAD DEMANDED A BRIBE OF KSHS. 2000/= TO RELEASE HIS MOTOR VEHICLE AND NOT TO CHARGE HIM WITH ANY CRIMINAL OFFENCE. A STING OPERATION WAS CONDUCTED AND THE ACCUSED PERSONS ARRESTED AFTER RECEIVING TREATED MONEY FROM THE COMPLAINANT. / CORRUPTLY SOLICITING FOR A BENEFIT C/S 39(3)(a) AS READ WITH 48(1) OF ACECA; RECEIVING A BENEFIT C/S 39(3)(a) AS READ WITH SECTION 48(1) ACECA; AGREEING TO RECEIVE A BENEFIT C/S 39(3)(a) AS READ WITH SECTION 48(1) ACECA / JOSEPH NGIGI; JOSEPH MATHEGE; SAMUEL MWANGI / COUNTY OFFICERS / 2,000.00 / COUNTY GOVERNMENT OF KIAMBU / 7 WITNESSES RECORDED, NONE TESTIFIED. HEARING ON 16TH FEBRUARY, 2017 / 16-Feb-17
6 / ACC/3/2015 / MALINDI LAW COURTS / KILIFI / SOLICITING AND RECEIVING A BENEFIT C/SEC. 39(3)(A) AS READ WITH 48(1) OF ACECA / BENJAMIN SOWER KIPKOECH / PRISON OFFICER / 100.00 / KENYA PRISONS SERVICE / 8 WITNESSES TESTIFIED. 3 WITNESSES REMAINING. HEARING ON 15TH FEBRUARY 2017 / 15-Feb-17
7 / ACC/5/2015 / MALINDI LAW COURTS NO. 2 / KILIFI / SOLICITING AND RECEIVING A BENEFIT C/SEC. 39(3)(A) AS READ WITH 48(1) OF ACECA / ESTHER WAKESHO MULANDA; RASHID MULANDA / 5,000.00 / MINISTRY OF INTERIOR AND COORDINATION OF NATIONAL GOVERNMENT / 7 WITNESSES ON RECORD. NONE HAS TESTIFIED. HEARING ON 15TH FEBRUARY 2017. / 15-Feb-17
8 / ACC/8/2015 / MALINDI LAW COURT NO. 1 / KILIFI / INQUIRY INTO MISAPPROPRIATION OF CDF FUNDS BY GANZE CDF THROUGH FICTITIOUS ROAD CONSTRUCTION OF MAJANJANI-MWAPULA JARIBUNI ROAD FOR THE FINANCIAL YEAR 2013/2014 / CONSPIRACY TO DEFRAUD AND ABUSE OF OFFICE CONTRARY TO SECTION 46 AS READ WITH SECTION 48(1) OF THE ANTI- CORRUPTION AND ECONOMIC CRIME ACT OF 2003 / CHRISTOPHER OTIENO NYERERE; DANIEL CHIWAI CHIRIBA; PETER SAFARI SHEHE (MP); EMMANUEL MWAGAMBO SANGA; DAVISON MWAKALA KARISA; DANIEL KARISA KARABU; BEYOND CHANCE FREIGHT SERVICES LIMITED. / MP - GANZE / 3,363,750.00 / NATIONAL ASSEMBLY/GANZE CDF / NO WITNESS HAS TESTIFIED. 28 WITNESSES ON RECORD. W/A AGAINST CHRISTOPHER NYERERE ISSUED; HEARING 13TH TO 15TH FEBRUARY 2017. / 13-Feb-17
9 / ACC/329/2016 / KISII LAW COURTS / KISII / IRREGULARITIES IN PROCUREMENT OF INSURANCE COVERS FOR 15 VEHICLES COSTING KSHS. 93 MILLION AT THE NYAMIRA COUNTY GOVERNMENT PERES MOSE NYAKERARIO –HEAD OF SUPPLY CHAIN MANAGEMENT SINGLE SOURCED AT INFLATED PRICES. / CT. I. - WILFUL FAILURE TO COMPLY WITH THE LAW AND REGULATIONS RELATING TO PROCUREMENT C/S 45 (2) (b) ARW S. 48 (1) (a) OF ACECA. CT. II. - ABUSE OF OFFICE C/S 46 ARW S. 48 (1) (a) OF ACECA. CT. III. - INAPPROPRIATE INFLUENCE ON EVALUATION C/S 38 (1) (b) ARW S. 38 (2) (a) OF PPDA. / PERES NYAKIRARIO MOSE / HEAD OF SUPPLY CHAIN / 93,000,000.00 / NYAMIRA COUNTY GOVERNMENT / ALL 17 WITNESSES HAVE TESTIFIED. PROSECUTION HAS CLOSED ITS CASE. SUBMISSION ON 4TH NOVEMBER 2016 ON CASE TO ANSWER. RULING ON CASE TO ANSWER ON 25TH NOVEMBER 2016. DEFENCE HEARING ON NOTICE. JUDGMENT ON 17TH FEBRUARY 2017. / 17-Feb-17
10 / ACC/1/2013 / KISUMU LAW COURT / KISUMU / WILFUL FAILURE TO COMPLY WITH THE LAW RELATING TO DISPOSAL OF PUBLIC PROPERTY / WILFUL FAILURE TO COMPLY WITH THE LAW RELATING TO DISPOSAL OF PUBLIC PROPERTY C/S 45(2) AS READ WITH SECTION 48 OF ACECA; CONSPIRACY TO COMMIT AN OFFENCE OF CORRUPTION C/SEC. 47A AS READ WITH SEC 48 OF ACECA. / RASHID MWAKIWIWI HAMISI & ANOTHER / MIN OF LOCAL AUTHORITIES / 3 WITNESSES HAVE TESTIFIED. HEARING ON 14TH DECEMBER, 2016. SUBMISSIONS ON 1ST FEBRUARY 2017. MENTION ON 13TH FEBRUARY 2017 FOR DIRECTIONS. / 13-Feb-17
11 / ACC/6/2014 / KISUMU LAW COURT / KISUMU / REMIGIUS NGAANYI WAITERI / ALL WITNESSES HAVE NOT TESTIFIED. HEARING ON 30TH NOVEMBER, 2016. MENTION ON 18TH JANUARY 2017. MENTION ON 15TH FEBRUARY 2017. / 15-Feb-17
12 / CR/6/2016 / KISUMU LAW COURTS / KISUMU / THE ACCUSED AN ACCOUNTANT WITH TOURISM FUND IN KISUMU COUNTY CORRUPTLY SOLICITED FOR KSHS. 70,000/-AND RECEIVED A BENEFIT OF KSHS. 50,000/-. / CORRUPTLY SOLICITED AND RECEIVED A BENEFIT C/SEC 39(3) (A) AS READ WITH SEC 48(1) OF ACECA. / WILLIAM WEKE ODERA / ACCOUNTANT / 50,000.00 / TOURISM FUND KISUMU / FRESH MATTER. HEARING ON 29TH NOVEMBER, 2016. HEARING ON 15TH FEBRUARY 2017 / 15-Feb-17
13 / ACC/1/2013 / MACHAKOS LAW COURTS / MACHAKOS / ACCUSED BEING A PUBLIC OFFICER USED HIS OFFICE TO CONFER A BENEFIT IMPROPERLY BY AWARDING M/S INTERNATIONAL LTD A TENDER / ABUSE OF OFFICE; MAKING DOCUMENT WITHOUT AUTHORITY / EDWARD MUSYOKI KALEVE –CHIEF; PETER MASUA - CHAIRMAN CDF; PETER NZIOKA - SECRETARY / CHIEF & CDF OFFICIALS / 3,400,000.00 / MBOONI CONSTITUENCY – CDF PROJECT / HEARING 14TH DECEMBER 2016. HEARING ON 15TH FEBRUARY 2017. / 15-Feb-17
14 / ACC/1/2014 / MACHAKOS LAW COURTS / MACHAKOS / ACCUSED CORRUPTLY SOLICITED FOR KSHS 10,000/= FROM A COMPLAINANT TO FACILITATE RELEASE OF A CHEQUE / CORRUPTLY SOLICITING & RECEIVING A BENEFIT C/SEC 39(3) AS READ WITH SEC.48(1) OF THE ACECA NO.3 OF 2003 / PAUL NDUVE SILA / PRINCIPAL (SCHOOL) / 10,000.00 / MACHAKOS COUNTY / MENTION ON 5TH DECEMBER, 2016. MENTION ON 26TH JANUARY 2017. HEARING ON 13TH FEBRUARY 2017. / 13-Feb-17
15 / ACC/3/2014 / MACHAKOS LAW COURTS / MACHAKOS / ALLEGATIONS THAT THE MACHAKOS COUNTY ASSEMBLY IRREGULARLY SINGLE SOURCED SIXTY (60) SECOND HAND LAPTOPS FOR COUNTRY REPRESENTATIVES AT A COST OF KSHS.75,000 PER LAP TOP / CARELESS FAILURE TO COMPLY WITH THE LAW RELATING TO PROCUREMENT OF GOODS CONTRARY TO SECTION 45(2) (A) AS READ WITH SECTION 48 OF THE ACECA: FRAUDULENT PRACTISE IN A PROCUREMENT: UTTERING A FALSE DOCUMENT. / PETER WAKABA MERIA; PETER MUEMA MBATHA; PETER KIOKO; THERESIA NGINA; JONATHAN MULATYA; EVERLYN MUNYIVA; NANCY WAMBUI; RAPHAEL IAN; NICHOLAS MUNYAO; CHARLES KINYAJUI; ANTMAK OFFICE TECHNOLOGIES LTD / COUNTY OFFICIALS - TENDER COMMITTEE MEMBERS / 4,500,000.00 / COUNTY GOVERNMENT OF MACHAKOS / HEARING 28TH OCTOBER, 2016. MENTION ON 11TH NOVEMBER, 2016. HEARING ON 27TH JANUARY, 2017. HEARING ON 17TH FEBRUARY 2017. / 17-Feb-17
16 / ACC/5/2014 / MACHAKOS LAW COURTS / MACHAKOS / INQUIRY INTO ALLEGATIONS OF CORRUPTION AGAINST RICHARD MWANIA MWENGA & TITUS MBAI OFFICERS OF THE LAND ADJUDICATION OFFICE, KYAMUOSO SECTION IN MAKUENI. FILE NO. CR. 440/603/2014 NAIROBI ACC NO. 5/2014 RECEIVED A BENEFIT AS INDUCEMENT TO SIGN LAND ADJUDICATION RECORDS. / CONSPIRACY TO COMMIT AN OFFENCE OF CORRUPTION; ABUSE OF OFFICE; CORRUPTLY SOLICITING AND RECEIVING A BENEFIT; DEALING WITH SUSPECT PROPERTY. / RICHARD MWANZIA MWENGA; TITUS MBAI MUIA / LAND ADJUCATION OFFICERS / 5,250.00 / MINISTRY OF LANDS - MAKUENI / HEARING 7TH DECEMBER, 2016. HEARING ON 23RD JANUARY 2017. HEARING 17TH FEBRUARY 2017. / 17-Feb-17
17 / ACC/11/2015 / MERU LAW COURT NO.1 / MERU / CORRUPTLY SOLICITING AND RECEIVING A BENEFIT / CT. I & II: CORRUPTLY SOLICITING AND RECEIVING A BENEFIT CONTRARY TO SECTION 39(3) AS READ WITH SECTION 48(1) OF ACECA; / CHARLES GACHIHI MUNGAI; HUMPHREY ARUN GITHUKU MAINA; HADIJA HALAKE; PETER WAMBOKO KHAKAME; ALI HULUKA GODANA. / COUNTY OFFICIALS / ISIOLO COUNTY GOVT / HEARING ON 3RD OCTOBER, 2016 (PETER WAMBOKO KHAKAME, ALI HULUKA GODANA, ABDI BORU DUBA ARE PROSECUTION WITNESSES). WARRANTS OF ARREST ISSUED ON 17/04/2016 AGAINST KARIUKI. HEARING ON 16TH FEBRUARY 2017. / 16-Feb-17
18 / ACC/1/2010 / MOMBASA / MOMBASA / CORRUPTLY SOLICITING AND RECEIVING A BENEFIT / SULEIMAN MOHAMMED IBRAHIM AND 3 OTHERS / HEARING ON 2ND FEBRUARY 2017. HEARING ON 17TH FEBRUARY 2017. / 17-Feb-17
19 / ACC/3/2010 / MOMBASA LAW COURTS / MOMBASA / AN INQUIRY INTO ALLEGED FAILURE BY OFFICIALS OF LAMU WEST CONSTITUENCY DEVELOPMENT COMMITTEE TO COMPLY WITH PROCUREMENT LAWS IN AWARD OF CONTRACT FOR CONSTRUCTION SERVICES AT HONGWE SECONDARY SCHOOL / WILFUL FAILURE TO COMPLY WITH THE LAW AND APPLICABLE PROCEDURES RELATING TO PROCUREMENT OF SERVICES OR GOODS CONTRARY TO SECTION 45 (2) (B) AS READ WITH SECTION 48 (1) OF THE ANTI-CORRUPTION ACT OF 2003. / MOHAMED BUTE GALGALO / LAMU WEST OFFICIAL / CDF LAMU WEST / MENTION 1ST DECEMBER, 2016 TO FIX HEARING DATES. HEARING ON 11TH JANUARY 2017. RULING ON SUBMISSIONS ON 15TH FEBRUARY 2017. / 15-Feb-17
20 / ACC/4/2010 / MOMBASA LAW COURT NO.3 / MOMBASA / INQUIRY INTO ALLEGATION THAT KENYA PORT AUTHORITY SECURITY OFFICER CORRUPTLY SOLICITED FOR A BENEFIT OF KSHS. 100,000/- IN ORDER TO ASSIST HIM IN AN ON-GOING INVESTIGATION, IN WHICH THE SAID PUBLIC BODY WAS CONCERNED. / CORRUPTLY SOLICITING AND RECEIVING A BENEFIT OF KSHS. 100,000 CONTRARY TO SECTION 39(3)(A) AS READ WITH SECTION 48(1) OF ACECA / TOM WAFULA / SECURITY OFFICER / 100,000.00 / KENYA PORT AUTHORITY / MENTION 26TH JANUARY 2017 FOR DIRECTION. MENTION ON 13TH FEBRUARY 2017. / 13-Feb-17
21 / ACC/8/2014 / MOMBASA LAW COURT NO.3 / MOMBASA / INQUIRY INTO ALLEGATION THAT A MEMBER OF COUNTY ASSEMBLY CORRUPTLY SOLICITED FOR A BENEFIT OF KSHS. 200,000/- IN ORDER TO CALM DOWN JOMVU WARD RESIDENTS FOR AN ALLEGED PLANNED DEMONSTRATIONS / CORRUPTLY SOLICITING AND RECEIVING A BENEFIT CONTRARY TO SECTION 39(3)(A) AS READ WITH SECTION 48(1) OF ACECA / KARISSA NZAI MUNYIKA / MCA / 200,000.00 / MEMBER OF COUNTY ASSEMBLY MOMBASA / MENTION 13TH & 14TH FEBRUARY, 2017 / 13-Feb-17
22 / ACC/2/2015 / MOMBASA LAW COURT NO.2 / MOMBASA / INQUIRY INTO ALLEGATION THAT POLICE OFFICER CORRUPTLY SOLICITED FOR AND RECEIVING A BENEFIT OF KSH. 20,000/- IN ORDER TO RELEASE A SUSPECT WHO WAS ARRESTED AND DETAINED AT THE STATION. / CORRUPTLY SOLICITING AND RECEIVING A BENEFIT OF KSHS. 20,000 CONTRARY TO SECTION 39(3)(A) AS READ WITH SECTION 48(1) OF ACECA / EDWARD ODHIAMBO / POLICE OFFICER / 20,000.00 / NATIONAL POLICE SERVICE / HEARING 15TH FEBRUARY 2017 / 15-Feb-17
23 / ACC/4/2015 / MOMBASA LAW COURT NO.1 / MOMBASA / INQUIRY INTO ALLEGATION THAT PUBLIC HEALTH OFFICER CORRUPTLY SOLICITED FOR A BENEFIT OF KSHS. 10,000/- IN ORDER TO ALLOW A MEDICAL CLINIC TO OPERATE WITHOUT A PERMIT. / CORRUPTLY SOLICITING AND RECEIVING A BENEFIT CONTRARY TO SECTION 39(3)(A) AS READ WITH SECTION 48(1) OF ACECA / JACOB KAINGU KAPOMBO / PUBLIC HEALTH OFFICER / 10,000.00 / MINISTRY OF PUBLIC HEALTH / HEARING 13TH FEBRUARY 2017 / 13-Feb-17
24 / ACC/7/2015 / MOMBASA LAW COURT NO.1 / MOMBASA / INQUIRY INTO ALLEGATION THAT POLICE OFFICER CORRUPTLY SOLICITED FOR AND RECEIVING A BENEFIT OF KSH. 1,000/- IN ORDER TO RELEASE A DRIVING LICENSE WHICH HE HAD DETAINED. / CORRUPTLY SOLICITING AND RECEIVING A BENEFIT CONTRARY TO SECTION 39(3)(A) AS READ WITH SECTION 48(1) OF ACECA / FREDRICK CHANGAWA NGUWA / POLICE OFFICER / 1,000.00 / NATIONAL POLICE SERVICE / RULING ON 1ST DECEMBER 2016. RULING ON 23RD JANUARY 2017. MENTION ON 13TH FEBRUARY 2017. / 13-Feb-17
25 / ACC/12/2015 / MOMBASA LAW COURT NO.1 / MOMBASA / INQUIRY INTO ALLEGATION THAT KENYA POLICE OFFICER CORRUPTLY SOLICITED FOR A BENEFIT OF KSHS. 5,000/- IN ORDER TO RELEASE A CHARCOAL TRANSPORT PERMIT AND DRIVING LICENSE WHICH HE HAD DETAINED. / CORRUPTLY SOLICITING AND RECEIVING A BENEFIT CONTRARY TO SECTION 39(3)(A) AS READ WITH SECTION 48(1) OF ACECA / GEORGE WILLIAM OCHIENG / POLICE OFFICER / 10,000.00 / NATIONAL POLICE SERVICE / MENTION ON 13TH FEBRUARY 2017 / 13-Feb-17
26 / ACC/20/2015 / MOMBASA LAW COURT NO.4 / MOMBASA / INQUIRY INTO ALLEGATION THAT AN SGS OFFICER DRIVER CORRUPTLY SOLICITED FOR A BENEFIT OF KSHS,.50,000/= SO AS TO RELEASE REGISTRATION NUMBER PLATE WHICH HAS BEEN REMOVED FROM A MOTOR VEHICLE FOR ALLEGATION OF EXCESS WEIGHT. / CORRUPTLY SOLICITING AND RECEIVING A BENEFIT CONTRARY TO SECTION 39(3)(A) AS READ WITH SECTION 48(1) OF ACECA / GERALD OKOTH OBATHA / DRIVER / 50,000.00 / SGS COMPANY / HEARING 13TH DECEMBER, 2016. HEARING ON 13TH FEBRUARY 2017. / 13-Feb-17
27 / ACC/4/2016 / MOMBASA LAW COURT NO.4 / MOMBASA / IRREGULAR PROCUREMENT OF SMART TV AT THE TECHNICAL UNIVERSITY OF MOMBASA / ENGAGING IN A PROJECT WITHOUT PROPER PLANNING CONTRARY TO SEC 45(2) (C) AS READ WITH SEC 48(1) (A) OF ANTI-CORRUPTION AND ECONOMIC CRIMES ACT; WILFUL FAILURE TO COMPLY WITH THE LAW RELATING TO PROCUREMENT CONTRARY TO SEC 45(2) AS READ WITH SEC 48 OF ANTI-CORRUPTION AND ECONOMIC CRIMES ACT; I. ABUSE OF OFFICE CONTRARY TO SEC 46 AS READ WITH SEC 48(1) (A) OF ANTI-CORRUPTION AND ECONOMIC CRIMES ACT / PROF. AWADH BIN HAZIM; GAIRETH KINGI; ERNEST MAKHULO; JOSEPH OBWOGI; FEIRUZ JUMAA KALOO; TITUS TUNJE KADERE / TECHNICAL UNIVERSITY OF MOMBASA / HARING ON 22ND NOVEMBER, 2016. HEARING ON 15TH TO 16TH FEBRUARY 2017. / 15-Feb-17
28 / CR/6/2004 / MILIMANI LAW COURTS / NAIROBI / BRIBERY CASE, WHERE KENNETH KIPKEMBOI AND JOSSY MWIKALI EMPLOYEES OF NSSF SOLICITED FOR KSHS 200,000/= AND RECEIVED KSHS. 50,000/=. TO WAIVE LIABILITY OF NSSF CONTRIBUTIONS AMOUNTING TO KSHS. 3,000,000/= OWNED BY THE PROPRIETOR OF VISA PLACE RESTAURANT. THE CASE HAS DELAYED DUE TO STAY ORDERS. ORIGINAL FILE GOT LOST & NEW FILE RECONSTRUCTED. IN 2014, THE COURT ORDERED THE CASE TO PROCEED. / SOLICITING FOR & RECEIVING A BENEFIT C/SEC 39(3) (A) AS READ WITH SEC 48(1) ACECA / KENNETH KIPKEMBOI SETTIM; JOSSY MWIKALI KIOKO / NSSF OFFICIALS / 50,000.00 / NATIONAL SOCIAL SECURITY FUND (NSSF) / 8 WITNESSES HAVE TESTIFIED. 3 MORE WITNESSES REMAINING TO CALL. HEARING 23RD NOVEMBER 2016 FOR PROSECUTION TO CLOSE ITS CASE. DEFENCE HEARING ON 16TH AND 17TH FEBRUARY 2017 / 16-Feb-17
29 / ACC/1151/2009 / MILIMANI LAW COURTS / NAIROBI / TRITON CASE - KENYA PIPELINE CO. LTD. RELEASE OF 16,159 MT OF OIL WITHOUT THE AUTHORITY OF FINANCIER (KBC) / FRAUDULENT DISPOSITION OF MORTGAGED PROPERTY C/S 291 ARW S. 36 PC; STEALING C/S 275 PC; NEGLECT OF OFFICIAL DUTY C/S 128 PC; ABUSE OF OFFICE C/S 101 PC / YAGNESH DEVANI & 5 OTHERS / 11,655,983.55 / KENYA PIPELINE / 4 WITNESSES TESTIFIED. REMAINING 45 WITNESSES. DPP APPLIED FOR EXTRADITION OF DEVANI IN JANUARY 2010 WHICH WAS ALLOWED AND DEVANI APPEALED FOR ASYLUM. FURTHER HEARING 17TH FEBRUARY, 2017. / 17-Feb-17
30 / ACC/1/2010 / MILIMANI LAW COURTS / NAIROBI / THE ACCUSED PERSONS WERE CHARGED WITH ELEVEN COUNTS OF FRAUDULENT ACQUISITION/DISPOSAL OF PUBLIC PROPERTY AND ABUSE OF OFFICE. THE ACCUSED PERSONS ARE ALL FORMER TRUSTEES OF KEMRI RETIREMENT BENEFITS SCHEME AND WERE CHARGED FOLLOWING A SPECIAL AUDIT WHICH WAS CARRIED OUT BY THE INSPECTORATE OF CORPORATIONS AND WHICH REVEALED UNAUTHORISED WITHDRAWALS OF PUBLIC MONIES FROM THE SCHEME'S BANK ACCOUNT AT KCB / CT I-III: FRAUDULENT ACQUISITION OF PUBLIC PROPERTY C/S 45(1) (a) AS READ WITH SECTION 48 OF THE ACECA; CT IV-X: FRAUDULENT DISPOSAL OF PUBLIC PROPERTY C/S 45(1) (a) AS READ WITH SECTION 48 OF THE ACECA; CT XI: WILFUL FAILURE TO COMPLY WITH LAWS RELATING TO MANAGEMENT OF FUNDS C/S 45(2) (B) AS READ WITH SECTION 45(1) & (2) OF ACECA. / DR. DAVY KIPROTICH KOECH; DR. JOEL ACHIBA ONDA; DR. BATTAN MECCA KHAEMBA; RENISON KIRUI; DUNSTON MAGU NGUMO; WILLIAM KIPYEGON SEUREI; AFRICAN MEDICAL SERVICES TRUST / MD & TRUSTEES / 358,801,909.00 / KEMRI / 2 WITNESSES HEARD, 18 REMAINING. HEARING ON 15TH – 16TH NOVEMBER 2016. MENTION ON 2ND DECEMBER 2016. HEARING ON 16TH TO 17TH FEBRUARY 2017. / 16-Feb-17
31 / ACC/13/2010 / MILIMANI LAW COURTS / NAIROBI / AN INQUIRY INTO ALLEGATIONS THAT FRANCIS KIMOSOP, AN ASSISTANT DIRECTOR OF EDUCATION, MISAPPROPRIATED KSHS. 7,230,065/= FOR THE WORLD BANK/ GOVERNMENT FUNDED KENYA EDUCATION SECTOR SUPPORT PROGRAMME PURPORTEDLY BY CONDUCTING WORKSHOPS TO TRAIN 2500 PRIMARY SCHOOL REPRESENTATIVES ON HIV/AIDS PREVENTION AND LIFE SKILLS / CT I: FALSE ACCOUNTING BY A PUBLIC OFFICER C/S 331(1) AS READ WITH SECTION 331(2) OF PENAL CODE; ALT: KNOWINGLY MAKING A FALSE STATEMENT TO ONE’S PRINCIPAL C/S 41(1) AS READ WITH SECTION 48(1) ACECA; CT II-III: FRAUD BY A PERSON EMPLOYED IN PUBLIC SERVICE C/S 127(1) AS READ WITH SECTION 127(2) OF ABUSE OF OFFICE CONTRARY TO SECTION 46 OF ACECA / FRANCIS KIMOSOP / DIRECTOR EDUCATION / 7,678,400.00 / MINISTRY OF EDUCATION / 37 WITNESSES HEARD, 7 REMAINING. MENTION ON 22ND DECEMBER 2016. HEARING ON 13TH FEBRUARY 2017. / 13-Feb-17
32 / ACC/18/2010 / MILIMANI LAW COURTS / NAIROBI / ALLEGATION THAT FRANCIS KIMOSOP AN ASSISTANT DIRECTOR OF EDUCATION EMBEZZLED A SUM OF KSHS. 9,732,000.00 FROM THE KENYA EDUCATION SUPPORT PROGRAMME THAT WAS INTENDED FOR CONSTRUCTION OF WORKSHOPS TO TRAIN PRIMARY SCHOOL TEACHERS ON HIV/AIDS PREVENTION AND LIFE SKILLS / CT I: FALSE ACCOUNTING BY A PUBLIC SERVANT C/S 331 AS READ WITH 331(2) OF THE PENAL CODE; CT II: KNOWINGLY GIVING A FALSE DOCUMENT TO HIS PRINCIPAL C/S 41(2) AS READ WITH 48(1) OF ACECA / FRANCIS KIMOSOP / DIRECTOR EDUCATION / 9,732,000.00 / MINISTRY OF EDUCATION / 38 WITNESSES HEARD, 32 REMAINING. HEARING ON 22ND DECEMBER, 2016. HEARING ON 15TH FEBRUARY 2017. / 15-Feb-17
33 / ACC/48/2010 / MILIMANI LAW COURTS / NAIROBI / DUNCAN BUNDUKI WAS ARRESTED ON 25/11/10 FOR IMPERSONATING AN INVESTIGATOR OF EACC AND ATTEMPTING TO EXTORT. / CT I: IMPERSONATING AN EACC INVESTIGATOR CONTRARY SECTION 34(1) AS READ WITH SECTION 34(2) OF ACECA; CT II: ATTEMPT AT EXTORTION CONTRARY TO SECTION 300 (1) (a) OF PENAL CODE. / DUNCAN BUNDUKI BUNDI / - / CIVILIAN / 10 WITNESSES HEARD, 2 REMAINING. WARRANT OF ARREST LIFTED, HEARING ON 15TH FEBRUARY FOR FORENSICS DOCUMENT EXAMINER TESTIMONY. / 15-Feb-17
34 / ACC/2/2011 / MILIMANI LAW COURTS / NAIROBI / PETER MWAURA AND RACHAEL MUTHONI BEEN EMPLOYEES OF MINISTRY OF EDUCATION EMBEZZLED PUBLIC FUNDS FOR KSHS. 1,370,000/= / FRAUDULENT ACQUISITION OF PUBLIC PROPERTY CONTRARY TO SECTION 45(1) OF ACECA / PETER MWAURA; RACHAEL MUTHONI NDUNGU / EDUCATION OFFICERS / 1,370,000.00 / MINISTRY OF EDUCATION / PROSECUTION CASE CLOSED. DEFENCE SUBMISSION ON 2TH NOVEMBER, 2016 CLOSED. FINAL SUBMISSIONS ON 13TH FEBRUARY 2017. / 13-Feb-17
35 / ACC/6/2011 / MILIMANI LAW COURTS / NAIROBI / THIS WAS AN INQUIRY INTO AN ALLEGED ABUSE OF OFFICE BY CHARLES MASINDE, A MEMBER OF BOARD OF DIRECTORS AND YOBESH AMORO FINANCE & ADMINISTRATION MANAGER (KWAL) FOR FAILING TO REMIT KSHS 600,000.00 PAID TO THEM BY MS. KOITANY LTD BEING PAYMENT FOR GOODS PURCHASED FROM KWAL ON CREDIT / ABUSE OF OFFICE CONTRARY TO SECTION 46 AS READ WITH SECTION 48(1) OF ACECA / CHARLES KIZITO WANJALA MASINDE; YOBESH AMORO / MEMBER OF BOARD / 600,045.00 / KENYA WINE AGENCY LTD (KWAL) / DEFENCE HEARING ON 3RD FEBRUARY 2017 WHEN THE DEFENCE SHALL CALL ONE EXPERT WITNESS AND ONE FACTUAL WITNESS. DEFENCE HEARING 14TH FEBRUARY 2017. / 14-Feb-17