OFFICE OF DIRECTOR PUBLIC PROSECUTIONS ANTI-CORRUPTION COMING UP IN COURT AS FROM 20TH TO 24TH MARCH 2017 S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES NAMES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF PERSO NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN COURT 1 ACC/813/2014 BUNGOM A LAW COURTS BUNGOMA THE ACCUSED GABRIEL OUMA CORRUPTLY SOLICITED AND RECEIVED A BENEFIT OF KSHS. 15,000/= TO INFLUENCE THE EMPLOYMENT OF JACKTONE MADRAKA MADWABA'S WIFE MS MONICA CT. I - III: CORRUPTLY SOLICITED AND RECEIVED A BENEFIT C/SEC 39(3)(A) AS READ WITH SEC 48(1) OF ACECA GABRIEL OUMA NGIRA EDUCATION OFFICER 1 15,000.00 MINISTRY OF EDUCATION, BUNYALA SUB- COUNTY. TWO WITNESSES TESTIFIED. 7 WITNESSES REMAINING. MENTION ON 14TH DECEMBER 2016 FOR FURTHER ORDERS. CASE TRANSFERRED TO BUSIA. MENTION ON 17TH JANUARY 2017 FOR DIRECTIONS. APPLICATION MADE IN HIGH BUNGOMA TO TRANSFER THE CASE OFFICIALLY TO RULING ON 20TH MARCH 2017. 20/Mar/17 2 ACC/350/2016 BUNGOM A LAW COURTS BUNGOMA THE ACCUSED ALFRED KIMITHI KIMONDO (C.I.D BUNGOMA) SOLICITED AND RECEIVED A BENEFIT OF KSHS. 45,000/= AS AN INDUCEMENT TO RELEASE M/V/ REG. NO. KAB 872 CT. I & II: CORRUPTLY SOLICITED AND RECEIVED A BENEFIT C/SEC 39(3)(A) AS READ WITH SEC 48(1) OF ACECA ALFRED KIMITHI KIMONDO TRAFFIC POLICE OFFICER 1 45,000.00 TRAFFIC POLICE – BUNGOMA. PLEA TAKEN ON 9TH FEBRUARY 2016, HEARING COMMENCED IN AUGUST BUT DID NOT TAKE OFF AS MAGISTRATE IN BUNGOMA LOWER DECLARED CONFLICT OF INTEREST. MATTER WAS TRANSFERRED TO 21/Mar/17 1 | P a g e
S/No CASE NO. COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES NAMES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF PERSO NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN COURT DETAINED AT BUNGOMA POLICE STATION. KIMILILI COURT. 7 WITNESSES ON RECORD NONE HAS TESTIFIED. HEARING ON 9TH TO 11TH JANUARY 2017. MENTION ON 24TH JANUARY 2017 IN WEBUYE MENTION ON 9TH FEBRUARY 2017 IN KIMILILI COURT. DEFENCE APPLIED FOR REVIEW OF ORDERS. RULING ON 22ND FEBRUARY 2017. HEARING ON 21ST & 22ND MARCH 2017. 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 1 5,000.00 NATIONAL POLICE SERVICE 11 WITNESSES ON RECORD. NONE HAS TESTIFIED. HEARING ON 15TH FEBRUARY 2017. COURT NOT SITTING, MAGISTRATE ON TRAINING. HEARING ON 21ST MARCH 2017. 21/Mar/17 2 | P a g e
S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES NAMES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF PERSO NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN COURT 4 ACC/14/2015 GARISSA LAW COURTS GARISSA CORRUPTLY SOLICITING FOR A BENEFIT 1. CORRUPTLY SOLICITING FOR A BENEFIT CONTRARY TO SECTION 39(3) & 48(1) OF THE ANTI- CORRUPTION AND ECONOMIC CRIMES ACT NO. 3 OF 2003. 2. CORRUPTLY RECEIVING A BENEFIT CONTRARY TO SECTION 39(3) & 48(1) OF THE ANTI- CORRUPTION AND ECONOMIC CRIMES ACT NO. 3 OF 2003. STANLEY LEO 1 20,000.00 MINISTRY OF INTERIOR AND COORDINATIO N OF NATIONAL GOVERNMENT 3 WITNESSES HAVE TESTIFIED. 4 WITNESSES REMAINING. HEARING ON 31ST JANUARY 2017. HEARING ON 21ST & 22ND MARCH 2017. 21/Mar/17 5 ACC/21/2015 GARISSA LAW COURTS GARISSA CORRUPTLY SOLICITING FOR A BENEFIT OFFERING A BENEFIT CONTRARY TO SECTION 39(3) (B) AS READ WITH SECTION 48(1) OF THE ANTI- CORRUPTION AND ECONOMIC CRIMES ACT, NO. 3 OF 2003 ALI KULANE ALIO 1 15,000.00 3 WITNESSES HEARD. 2 WITNESSES REMAINING. HEARING ON 15TH DECEMBER 2016. MENTION ON 19TH JANUARY 2017 TO FIX HEARING HEARING ON 22ND FEBRUARY 2017. 2 MORE WITNESSES TESTIFIED. HEARING ON 22ND MARCH 2017. 22/Mar/17 3 | P a g e
S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES NAMES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF PERSO NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN COURT 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 2 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. MENTION ON 22ND TO 23RD MARCH 2017 FOR SUBMISSIONS. 22/Mar/19 11 ACC/7/2014 KISUMU LAW COURT KISUMU INQUIRY INTO ALLEGATION OF CORRUPTION AGAINST FREDRICK NYAGAKA, QUANTITY SURVEYOR FROM THE MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMENT. CORRUPTLY SOLICITED AND RECEIVED A BENEFIT OF KSHS. 20,000/- C/SEC 39(3) (A) AS READ WITH SEC 48(1) OF FREDRICK NYANG’ACH A NYAGAKA QUANTITY SURVEYOR 1 MINISTRY OF LANDS, HOUSING AND URBAN DEVELOPMEN T - KISUMU. NO WITNESSES HAVE TESTIFIED. HEARING ON 8TH DECEMBER 2016. HEARING ON 8TH FEBRUARY 2017. HEARING ON 2ND MARCH 2017. HEARING ON 20TH MARCH 2017. 20/Mar/17 12 ACC/1 & 2/2014 KISUMU LAW COURT KISUMU MP INVOLVEMENT IN THE PURCHASE OF SUGAR FOR IDPS FROM CHEMELIL SUGAR COMPANY CONSPIRACY TO DEFRAUD THE PUBLIC & TAX EVASION HON. RICHARD MOMOIMA ONYONKA; JAMES GEORGE SIRO MP 2 CHEMELIL SUGAR COMPANY 30 WITNESSES HAVE TESTIFIED, 23 REMAINING. FURTHER HEARING 15TH DECEMBER 2016. MENTION ON 20TH FEBRUARY 2017. MENTION 22ND MARCH 2017 FOR DEFENCE TO FILE SUBMISSIONS. 22/Mar/17 6 | P a g e
S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES NAMES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF PERSO NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN COURT 13 ACC/1/2015 KISUMU LAW COURTS KISUMU CHARGED WITH DEALING WITH SUSPECT PROPERTY C/SEC 47 (1) AS READ WITH SEC 48(1) OF ACECA. ALFRED MURIITHI; TERRY WAIRIMU. POLICE OFFICER 2 NATIONAL POLICE SERVICE- KISUMU ALL WITNESSES TESTIFIED. ACCUSED PLACED ON DEFENCE. DEFENCE HEARING ON 1ST FEBRUARY 2017. JUDGEMENT ON 24TH MARCH 2017. 24/Mar/17 14 ACC/3/2015 KISUMU LAW COURTS KISUMU CORRUPTLY SOLICITED AND RECEIVED A BENEFIT OF KSHS. 2000/ C/SEC 39(3)(A) AS READ WITH SEC 48(1) OF ACECA GEORGE OLUOCH OGUTU 1 MINISTRY OF LANDS- KISUMU. AWAITING FURTHER INSTRUCTION FROM THE DPP. ALL WITNESSES HAVE TESTIFIED. SUBMISSIONS ON 1ST DECEMBER 2016. SUBMISSIONS ON 19TH JANUARY 2017. MENTION ON 20TH 2017. 20/Mar/17 15 ACC/5/2015 KISUMU LAW COURTS KISUMU MARGRET MBUYA JOBITA 1 FRESH MATTER. NO WITNESSES HAVE TESTIFIED. AWAITING INSTRUCTION FROM DPP. HEARING ON 13TH DECEMBER 2016. HEARING ON 17TH JANUARY 2017. HEARING ON 21ST MARCH 2017. 21/Mar/17 7 | P a g e
S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES NAMES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF PERSO NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN 16 ACC/1/2016 KISUMU LAW COURT KISUMU INQUIRY IN RESPECT OF ALLEGATIONS OF OBSTRUCTION AGAINST THE CLERK OF THE VIHIGA COUNTY ASSEMBLY MR. JOSEPHAT ALUSIOLA MUSAMBAYI AND THE VIHIGA COUNTY ASSEMBLY SENIOR ACCOUNTANT PERIS LIVANGA ODARI JOSEPHAT ALUSIOLA MUSAMBAYI ; PERIS LIVANGA ODARI COUNTY ASSEMBLY & SENIOR ACCOUNTAN T 2 VIHIGA COUNTY ASSEMBLY. 27 WITNESSES TESTIFIED, 2 REMAINING. HEARING ON 18TH JANUARY 2017. MENTION ON 20TH FEBRUARY 2017. ALL WITNESSES TESTIFIED. RULING ON THE 22ND MARCH 2017. 22/Mar/17 17 ACC/4/2016 KISUMU LAW COURTS KISUMU OBTAINING REGISTRATION BY PRETENCE CONTRARY TO SECTION 320 OF THE PENAL CODE. FRED OKOTH NANDWA; ATIN AGGARWAL 2 HEARING ON 25TH NOVEMBER 2016. HEARING ON 19TH JANUARY 2017. HEARING ON 22ND 2017. 22/Mar/17 18 ACC/147/2015 KWALE LAW COURT NO.1 KWALE INQUIRY INTO ALLEGATION THAT THE JUDICIARY OFFICER WAS CORRUPTLY SOLICITING A BENEFIT OF KSH. 20,000/ IN ORDER TO FACILITATE THE DESTRUCTION OF CIVIL SUIT FILE AND CANCELLATION OF WARRANT OF ARREST ISSUED AGAINST THE CORRUPTLY SOLICITING AND RECEIVING A BENEFIT OF KSHS. 20,000 CONTRARY TO SECTION 39(3)(A) AS READ WITH SECTION 48(1) OF ACECA TOM MAGUTU OMARE; IBRAHIM MOKAYA OMAIBA JUDICIAL OFFICER 2 20,000.00 JUDICIARY DEFENCE HEARING 25TH NOVEMBER 2016. JUDGEMENT ON 24TH JANUARY 2017. JUDGEMENT ON 23RD MARCH 2017. 23/Mar/17 8 | P a g e
S/No CASE NO. COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES NAMES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF PERSO NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN COURT COMPLAINANT. 19 ACC/5/2014 MACHAKO S 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; OF OFFICE; CORRUPTLY SOLICITING AND RECEIVING A BENEFIT; DEALING WITH SUSPECT PROPERTY. RICHARD MWANZIA MWENGA; TITUS MBAI MUIA LAND ADJUCATION OFFICERS 2 5,250.00 MINISTRY OF LANDS - MAKUENI HEARING 7TH DECEMBER 2016. HEARING ON 23RD JANUARY 2017. HEARING 17TH FEBRUARY 2017. MENTION ON 22ND MARCH 2017. 22/Mar/17 20 ACC/11/2015 MACHAKO S LAW COURTS MACHAKOS ACCUSED PERSONS ARE MEMBERS OF MACHAKOS COUNTY GOVERNMENT TENDER COMMITTEE APPROVED DIRECT PROCUREMENT FOR 15 SUBARU MOTOR VEHICLES. WILFUL FAILURE TO COMPLY WITH APPLICABLE PROCEDURES AND GUIDELINES RELATING TO PROCUREMENT CONTRARY TO SECTION 45(2) AS READ WITH SECTION 48(1) OF THE ACECA IRENE WANJIRU KAMAU; ECKOMAS MWENGI MUTUSE; FRANCIS KIIO MWAKA; JOHN MWIRICHIA MUTWIRI; JOSHUA KIPKEMBOI SITIENEI COUNTY SECRETARY 5 MACHAKOS COUNTY GOVERNMENT HEARING ON 24TH JANUARY 2017. HEARING ON 15TH MARCH 2017. HEARING ON 24TH 2017. 24/Mar/17 9 | P a g e
S/No CASE NO. COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF PERSO NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN 21 CR/ACC/573/6/ 2016 MACHAKO S/ PREVIOUS LY WOTE LAW COURTS MACHAKOS/MAK UENI CASE THE TWO ACCUSED PERSONS BEING PERSONS EMPLOYED IN A PUBLIC BODY TO WIT MINISTRY OF INTERIOR SECURITY AND COORDINATION OF NATIONAL GOVERNMENT CORRUPTLY SOLICITED FOR A BENEFIT OF KSHS. 5,000/= FROM THE COMPLAINANT. CORRUPTLY SOLICITING AND RECEIVING A BRIBE C/SEC 39(3) (A) AS READ WITH SECTION 48(1) OF ACECA; ABUSE OF OFFICE C/SEC 46 AS READ WITH SECTION 48(1) OF ACECA DEALING WITH SUSPECT PROPERTY C/SEC 47(2) AS READ WITH SEC 48(1) OF MAXWELL MUEMA TITO; TURBMAN LITSULILI MBURU 2 5,000.00 MINISTRY OF INTERIOR AND CO- ORDINATIONS OF NATIONAL GOVERNMENT MENTION ON 30TH NOVEMBER 2016. HEARING ON 16TH DECEMBER 2016. HEARING ON 6TH TO 7TH FEBRUARY 2017. HEARING ON 22ND MARCH 2017. 22/Mar/17 22 ACC/12/2015 MERU LAW COURT NO. 1 MERU CONSPIRACY TO COMMIT AN OFFENCE OF ECONOMIC AND WILFUL FAILURE TO COMPLY WITH LAW AND APPLICABLE PROCEDURES RELATING TO INCURRING OF EXPENDITURE. CT. I: CONSPIRACY TO COMMIT AN OFFENCE OF ECONOMIC C/S 47 (A) ARW S. 48 OF ACECA; CT. II: WILFUL FAILURE TO COMPLY WITH LAW AND APPLICABLE PROCEDURES RELATING TO INCURRING OF EXPENDITURE C/S 45 (2) (B) ARW S. 48 OF ACECA; CT. III: OF OFFICE C/S 46 ARW S. 48 (1) OF ACECA; CT. IV: FRAUDULENT PRACTICES; CT. V: FAILURE TO DISCLOSE A PRIVATE GOVERNOR GODANA ADHI DOYO; DAVID LEMANTILE; BORU ADAM JIRMA; ABDI SOSA GOVERNOR 4 ISIOLO COUNTY GOVERNMENT MATTER STAYED PROSECUTION PENDING HEARING OF HIGH COURT JR. NO. 17/2016. RULING OF PETITION ON 13TH DECEMBER 2016. MENTION OF CRIMINAL CASE ON 15TH DECEMBER 2016. JR MENTION ON 13TH MARCH 2017 FOR SUBMISSIONS. MENTION ON 21ST MARCH 2017. 21/Mar/17 10 | P a g e
S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES NAMES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF PERSO NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN INTEREST TO ONE’S PRINCIPAL. 23 ACC/3/2010 MOMBAS A 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 1 CDF LAMU WEST MENTION 1ST DECEMBER 2016 TO FIX HEARING DATES. HEARING ON 11TH JANUARY 2017. RULING ON SUBMISSIONS ON 15TH FEBRUARY 2017. RULING ON SUBMISSION ON 15TH 2017. RULING ON SUBMISSION ON 24TH 2017. 24/Mar/17 24 ACC/2445/2010 MOMBAS A LAW COURTS MOMBASA THIS IS AN INQUIRY INTO ALLEGATIONS OF A FRAUDULENT ACQUISITION OF ROAD/RAILWAY RESERVE WITHIN THE KENYA PORT AUTHORITY JUST IN FRONT OF GATE NUMBER 10 AND THE SAME REGISTERED AS IN THE NAMES OF PRIVATE FIRM AS PARCEL OBTAINING REGISTRATION BY FALSE PRETENCE CONTRARY TO SECTION 320 OF THE PENAL CODE, FORGERY OF PDF PLAN CONTRARY TO SECTION 349 OF THE PENAL CODE AND UTTERING OF FALSE DOCUMENTS. ABBAS MICHUKI; DANIEL NJOROGE KIHIKO LAND OFFICIALS 2 MINISTRY OF LAND COAST REGION HEARING ON 31ST JANUARY 2017. HEARING ON 21ST MARCH 2017. 21/Mar/17 11 | P a g e
S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES NAMES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN NO. 528 AND 529. 25 ACC/3007/2011 MOMBAS A LAW COURT NO. 1 MOMBASA INQUIRY INTO ALLEGATION THAT A PRIVATE COMPANY OFFICER CORRUPTLY SOLICITED FOR A BENEFIT OF KSHS. 100,000 IN TO ASSIST HIM REGISTER AN IMPORTED CAR. CORRUPTLY SOLICITING AND RECEIVING A BENEFIT CONTRARY TO SECTION 39(3)(A) AS READ WITH SECTION 48(1) OF ACECA AMRI RAMADHAN UKORE 1 100,000.00 PRIVATE COMPANY MENTION 2ND FEBRUARY 2017. MENTION ON 1ST MARCH 2017. MENTION ON 8TH MARCH 2017. MENTION ON 24TH MARCH 2017. 24/Mar/17 26 ACC/13/2012 MOMBAS A LAW COURTS MOMBASA WILFUL FAILURE TO COMPLY WITH THE LAW RELATING TO PROCUREMENT CONTRARY TO SECTION 45(2)(B) AS READ WITH SECTION 48(1) OF THE JOHNSON KAGUSO CHARO; DUNCAN NDEGWA MASAI; NANCY JUMWA; RAPHAEL KATANA MBARUKU 4 KALOLENI CONSTITUENC Y CDF MENTION 22ND NOVEMBER 2016. MENTION 21ST MARCH 2017. 21/Mar/17 27 ACC/15/2012 MOMBAS A LAW NO.2 MOMBASA INQUIRY INTO ALLEGATION THAT A POWER OFFICER CORRUPTLY SOLICITED FOR AND RECEIVED A BENEFIT OF KSH. 30,000/ IN TO FACILITATE THE REROUTING OF A POWER LINE WHICH OVER LAPS A BUILDING IN A PLOT NUMBER CORRUPTLY SOLICITED FOR AND RECEIVED A BENEFIT. EMMANUEL SAFARI YAA POWER OFFICER 1 30,000.00 POWER & LIGHTING COMPANY (CASE STARTED DE NOVO) HEARING ON 1ST FEBRUARY 2017. HEARING ON 9TH MARCH 2017. MENTION ON 22ND 2017. 22/Mar/17 12 | P a g e
S/No CASE NO. COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES NAMES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF PERSO NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN COURT LR 5054/2027. 28 ACC/212/2012 MOMBAS A LAW COURTS MOMBASA INQUIRY INTO ALLEGATIONS THAT DENNIS NYANGWESO OMAR, ZAINAB SHURUTY AND JOSEPH MABUTU CONSPIRED TO DEFRAUD AFROZE ADAM KSHS: 2,500,000 BY PRETENCE. CONSPIRACY TO DEFRAUD CONTRARY TO SEC 317 OF THE CODE; OBTAINING BY FALSE PRETENCES CONTRARY TO SEC 313 OF THE PENAL CODE. DENNIS NYANGWESO OMARI; ZAINAB NAGIB SHURITY; JOSEPH MABUTA NJIRU 3 2,500,000.0 0 MENTION 22ND 2017 22/Mar/17 29 ACC/5/2014 MOMBAS A LAW COURT NO.3 MOMBASA INQUIRY INTO ALLEGATION THAT KENYA REVENUE AUTHORITY OFFICER CORRUPTLY SOLICITED FOR A BENEFIT OF KSHS. 100,000/- IN ORDER TO RELEASE A CONSIGNMENT WHICH WAS LYING AT CUSTOMS WAREHOUSE AT THE PORT. CORRUPTLY SOLICITING AND RECEIVING A BENEFIT CONTRARY TO SECTION 39(3)(A) AS READ WITH SECTION 48(1) OF ACECA AARON KILINGEA REVENUE OFFICER 1 100,000.00 KENYA REVENUE AUTHORITY FURTHER HEARING ON 23RD MARCH 2017. 23/Mar/17 30 ACC/2/2015 MOMBAS A LAW COURT NO.2 MOMBASA INQUIRY INTO ALLEGATION THAT POLICE OFFICER CORRUPTLY SOLICITED FOR AND RECEIVING CORRUPTLY SOLICITING AND RECEIVING A BENEFIT OF KSHS. 20,000 CONTRARY TO SECTION 39(3)(A) EDWARD ODHIAMBO POLICE OFFICER 1 20,000.00 NATIONAL POLICE SERVICE HEARING 15TH FEBRUARY 2017. HEARING ON 28TH FEBRUARY 2017. FURTHER HEARING ON 6TH MARCH 2017. 24/Mar/17 13 | P a g e
S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES NAMES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF PERSO NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN A BENEFIT OF KSH. 20,000/- IN TO RELEASE A SUSPECT WHO WAS ARRESTED AND DETAINED AT THE STATION. AS READ WITH SECTION 48(1) OF ACECA MENTION ON 24TH MARCH 2017. 31 ACC/8/2015 MOMBAS A LAW COURTS MOMBASA IRREGULAR WITHDRAWAL OF KSHS. 1.6 MILLION FOR WITU CATTLE DIP CO- OPERATIVE SOCIETY PROJECT BY THE LAMU WEST CDF COMMITTEE. CT I - CONSPIRACY TO COMMIT AN OFFENCE OF ECONOMIC CRIME CONTRARY TO SEC 47 AS READ WITH SEC 48 OF THE ANTI- CORRUPTION AND ECONOMIC CRIMES ACT; CT II - IRREGULAR RE-ALLOCATION OF ALLOCATED FUNDS WITHIN THE CONSTITUENCY DEVELOPMENT FUND CONTRARY TO SEC 30 OF THE ANTI- CORRUPTION AND ECONOMIC CRIMES ACT; CT III - MISAPPROPRIATI ON OF CONSTITUENCY DEVELOPMENT FUND CONTRARY TO SEC 48 OF THE CONSTITUENCIES DEVELOPMENT FUND ACT; CT IV JULIUS NDEGWA KARIUKI (MP); YUSUF HASSAN DIKICHA; SOPHIA WANJIRU KAMAU; ALFRED MWAENGO MNJAMA; CORNEL CHANGAWA TUVA; MICHAEL THEGERU KAMAU MP AND CDF OFFICIALS 6 1,600,000.0 0 LAMU WEST CONSTITUENC Y DEVELOPMEN T FUND HEARING 7TH AND 8TH DECEMBER 2016. HEARING ON 8TH TO 10TH 2017. HEARING ON 22ND MARCH 2017. 22/Mar/17 14 | P a g e
S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES NAMES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF PERSO NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN COURT - ABUSE OF OFFICE CONTRARY TO SEC 46 AS READ WITH SEC 48(1) OF THE ANTI- CORRUPTION AND ECONOMIC CRIMES ACT. 32 ACC/10/2015 MOMBAS A LAW COURT NO.1 MOMBASA INQUIRY INTO ALLEGATION THAT A CLERK FROM LIKONI CHIEFS OFFICE CORRUPTLY SOLICITED FOR A BENEFIT OF KSHS. 1000 IN ORDER TO SPEED UP THE PROCESS OF NATIONAL IDENTITY CARD AND APPLICATION FORM. CORRUPTLY SOLICITING AND RECEIVING A BENEFIT CONTRARY TO SECTION 39(3)(A) AS READ WITH SECTION 48(1) OF ACECA SAID YAHSIN NYERERE CLERK TO CHIEF OFFICE. 1 1,000.00 MINISTRY OF INTERIOR - LIKONI LOCATION HEARING ON 23RD MARCH 2017 23/Mar/17 33 CR/1751/2015 MOMBAS A LAW COURT NO.6 MOMBASA INQUIRY INTO ALLEGATION THAT A KPA OFFICER CORRUPTLY SOLICITED AND RECEIVED A BENEFIT OF KSH. 15,000/ IN ORDER TO FACILITATE THE COMPLAINANT GET A JOB AT THE PORT. CORRUPTLY SOLICITING AND RECEIVING A BENEFIT CONTRARY TO SECTION 39(3)(A) AS READ WITH SECTION 48(1) OF ACECA NYAE KITSAMA KIDUNGA KPA OFFICER 1 15,000.00 KENYA PORT AUTHORITY. RULING ON CASE TO ANSWER 15TH DECEMBER 2016. HIGH COURT MISCELLANEOUS APPLICATION NO. 440 OF 2016 - HEARING ON 21ST NOVEMBER 2016. HEARING ON 5TH DECEMBER 2016. HEARING ON 13TH 2017. HIGH COURT MISC. NO. 440 OF 2016 REVISION ALLOWED. MENTION ON 24TH MARCH 24/Mar/17 15 | P a g e
S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES NAMES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF PERSO NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN COURT 2017. 34 ACC/14/2015 MOMBAS A LAW NO.8 MOMBASA INQUIRY INTO ALLEGATION THAT A SURVEYOR OFFICER CORRUPTLY SOLICITED FOR A BENEFIT OF KSHS. 5000 IN ORDER TO ISSUE A SKETCH MAP. CORRUPTLY SOLICITING AND RECEIVING A BENEFIT CONTRARY TO SECTION 39(3)(A) AS READ WITH SECTION 48(1) OF ACECA EDWARD GIKONYO NDEGWA LAND SURVEYOR 1 5,000.00 MINISTRY OF LAND. HEARING 8TH & 9TH DECEMBER 2016. FURTHER MENTION ON 24TH MARCH 2017. 24/Mar/17 35 ACC/19/2015 MOMBAS A LAW NO.1 MOMBASA INQUIRY INTO ALLEGATION THAT A MEMBER OF COUNTY ASSEMBLY CORRUPTLY SOLICITED FOR A BENEFIT OF KSHS. 500,000/- IN ORDER TO THE MATTER WITH THE COUNTY GOVERNMENT REGARDING HER PLOT NUMBER MN/1/2830 WHICH WAS ALLEGED TO HAVE ENCROACHED THE ROAD. CORRUPTLY SOLICITING AND RECEIVING A BENEFIT CONTRARY TO SECTION 39(3)(A) AS READ WITH SECTION 48(1) OF ACECA MAIMUNA SALIM MWAWASI; CHRISTOPHE R KARISA MCA 2 500,000.00 COUNTY GOVERNMENT OF MOMBASA RULING ON 30TH JANUARY 2017. RULING ON 14TH MARCH 2017. RULING ON 23RD MARCH 2017. 23/Mar/17 16 | P a g e
S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF PERSO NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN COURT 36 CR/1301/2015 MOMBAS A LAW COURT NO.1 MOMBASA INQUIRY INTO ALLEGATION THAT ONE FAIZ MOHAMED FALSELY PRESENTS HIMSELF TO MR. MOHAMED YUSUF ABDI TO BE A PERSON EMPLOYED BY KWALE COUNTY GOVERNMENT A FACT HE KNEW WAS FALSE. PERSONATING A PERSON EMPLOYED IN A PUBLIC SERVICE COUNTRY TO SECTION 105(B) OF THE CODE. FAIZ MOHAMED GUDA 1 INDIVIDUAL HEARING ON 1ST NOVEMBER 2016. HEARING ON 23RD NOVEMBER 2016. HEARING ON 22ND FEBRUARY 2017. HEARING ON 27TH JANUARY 2017. MENTION ON 8TH MARCH 2017. MENTION ON 24TH MARCH 2017. 24/Mar/17 37 CR/1378/2016 MURANG A LAW COURT MURANGA THE ACCUSED PERSON IS EMPLOYED IN PUBLIC BODY TO WIT MINISTRY OF INTERIOR AND INTERNAL SECURITY AS CHIEF WHO SOLICITED FOR BRIBE OF KSHS. 30,000/= IN TO ASSIST THE COMPLAINANT IN A SUCCESSION MATTER. CT. I: CORRUPTLY SOLICITING FOR A BENEFIT C/SEC 39(3) (A) AS READ WITH SEC.48 (1) OF THE ACECA NO.3 OF 2003; CT. I: CORRUPTLY AGREEING TO RECEIVE A BENEFIT C/S 39 (3) (A) ARW S. 48 (1) OF ACECA. JOSPHAT MUINDE KILELE 1 30,000.00 MINISTRY OF INTERIOR AND INTERNAL SECURITY - COUNTY GOVERNMENT OF MURANGA 5 WITNESSES TO TESTIFY. PLEA ON 10TH NOVEMBER 2016. HEARING ON 24TH JANUARY 2017. HEARING ON 21ST MARCH 2017. 21/Mar/17 38 ACC/7550/2007 MILIMANI LAW COURTS NAIROBI THE ACCUSED IS CHARGED WITH WILFULLY FAILING TO COMPLY WITH REGULATION 17(1) OF THE EXCHEQUER AND AUDIT (PUBLIC PROCUREMENT WILFUL FAILURE TO COMPLY WITH PROCUREMENT LAWS C/S 45 (2) (a) ARW S. 48 (1) ACECA FRANCIS EMMANUEL OYUGI (MD) MANAGING DIRECTOR 1 - KENYA WINE AGENCIES LTD (KWAL) 8 WITNESSES HAVE TESTIFIED, 6 WITNESSES REMAINING TO TESTIFY. MENTION ON 11TH NOVEMBER 2016. MENTION 5TH DECEMBER 2016 TO FIX HEARING DATE. HEARING 24/Mar/17 17 | P a g e
S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES NAMES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN COURT REGULATIONS, 2001 BY AUTHORIZING PROCUREMENT OF MOTOR VEHICLES REGISTRATION NUMBER KAR.505B. TOYOTA LAND CRUISER PRADO WITHOUT OPEN TENDERING. ON 8TH TO 9TH MARCH 2017. RULING ON 24TH MARCH 2017. 39 ACC/22/2009 MILIMANI LAW COURTS NAIROBI FRAUDULENT TRANSFER OF KSHS 19.3 MILLIONS FROM KEMRI/CDC PROJECT ACCOUNT BY DR. KOECH, FORMER DIRECTOR OF KEMRI TO AFRICAN MEDICAL SERVICES TRUST ACCOUNT CT I: FRAUDULENT ACQUISITION OF PUBLIC PROPERTY C/S 45(1) (a) AS READ WITH 48(1) OF ACECA; CONSPIRACY TO DEFRAUD; ALT. I: ABUSE OF OFFICE C/S 46 AS READ WITH 48 ACECA. DAVY KIPROTICH KOECH MANAGING DIRECTOR 1 19,300,000. 00 MEDICAL RESEARCH INSTITUTE (KEMRI) 9 WITNESSES HEARD, 6 REMAINING. THE ACCUSED HAVE WRITTEN TO DPP ASSERTING THAT THEY HAVE REPAID THE MISAPPROPRIATE D FUND AND AWAITING EACC RESPONSE ON THE SAME. HEARING ON 23RD NOVEMBER & 1ST DECEMBER, 2016. MENTION ON 20TH DECEMBER 2016 TO TAKE HEARING HEARING ON 26TH JANUARY 2017. HEARING ON 22ND MARCH 2017. 22/Mar/17 40 ACC/12/2010 MILIMANI LAW COURTS NAIROBI FRAUDULENT ACQUISITION OF PUBLIC PROPERTY KSHS. 2,515,000 OF THE KESSP FUNDS. MONEY CT I: FRAUDULENT ACQUISITION OF KSH. 2,515,000 FROM THE MINISTRY OF EDUCATION; PATRICK LUMUMBA AGHAN 1 2,515,000.0 0 MINISTRY OF EDUCATION 4 WITNESSES ON RECORD. 2 WITNESSES HEARD. MENTION 31TH JANUARY, 2017 MENTION 6TH FEBRUARY 22/Mar/17 18 | P a g e
S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN COURT 42 ACC/44/2010 MILIMANI LAW COURTS NAIROBI EMBEZZLEMENT OF PUBLIC CITY COUNTY OFFICIALS. CONSPIRACY TO COMMIT AN OFFENCE OF CORRUPTION C/SEC. 47 A(3) AS READ WITH 48(1) OF ACECA; FRAUDULENT ACQUISITION OF PUBLIC PROPERTY CONTRARY TO SECTION 45(1) OF ACECA GEOFFREY ODHIAMBO MAJIWA (MAYOR), BONIFACE OKEROSI MISERA & CEPHAS KAMANDE MWAURA MAYOR 3 283,200.00 NAIROBI CITY COUNTY DEFENCE HEARING ON 29TH NOVEMBER 2016. DEFENCE HEARING ON 23RD TO 24TH 2017. 23/Mar/17 43 ACC/13/2011 MILIMANI LAW COURTS NAIROBI ELIZABETH KALOKI AN EMPLOYEE OF MINISTRY OF EDUCATION FRAUDULENTLY ACQUIRED PUBLIC PROPERTY AMOUNTING KSHS. 7,604,700/= FRAUDULENT ACQUISITION OF PUBLIC PROPERTY. ELIZABETH KALOKI KOMBO EDUCATION OFFICIAL 1 7,604,700.0 0 MINISTRY OF EDUCATION DEFENCE HEARING 29TH NOVEMBER 2016. DEFENCE HEARING ON 31ST JANUARY 2017. DEFENCE HEARING ON 21ST FEBRUARY 2017. DEFENCE HEARING ON 7TH MARCH 2017. DEFENCE HEARING ON 24TH MARCH 2017. 24/Mar/17 20 | P a g e
S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES NAMES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF PERSO NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN 44 ACC/30/2011 MILIMANI LAW COURTS NAIROBI ACCUSED PERSON WAS CHARGED WITH OFFENCE OF FRAUDULENTLY ACQUIRING KSHS. 146,000 FROM MINISTRY OF EDUCATION MONEY INTENDED TO CATER FOR MANAGEMENT OF INSTRUCTIONAL MATERIAL FOR SECONDARY SCHOOLS IN NORTHERN REGION CT I, III: FRAUDULENT ACQUISITION OF KSHS. 146,000/= MINISTRY OF EDUCATION; CT II: CONSPIRACY TO COMMIT AN ECONOMIC CRIME C/S 47A (3) AS READ WITH 48(1) ACECA; CT IV ABUSE OF OFFICE BY FRAUDULENTLY CONFERRING TO HIMSELF 310,000/= C/S 46 OF ACECA PATRICK LUMUMBA AGHAN; GABRIEL PETER AOKO; MICHAEL GOGAH OUKO EDUCATION OFFICIAL 3 456,000.00 MINISTRY OF EDUCATION MENTION 31ST JANUARY, 2017 MENTION ON 6TH FEBRUARY 2017. MENTION ON 22ND MARCH 2017. 22/Mar/17 45 ACC/35/2011 MILIMANI LAW COURTS NAIROBI ACCUSED PERSONS – MD’S – BINLAW CONSTRUCTION BETWEEN 2002 & 2009 INTENDED TO DEFRAUD JOINTLY MADE A FALSE DOCUMENT BY ALTERING WITHOUT AUTHORITY OF ARBITRATOR IN WARD OF KSHS.97,176,20 6 WITH INTEREST OF 28% PER YEAR. MAKING A FALSE DOCUMENT C/S 345 ARW S. 347 (b) & S. 349 PC; UTTERING A FALSE DOCUMENT WITH INTENT TO DEFRAUD C/S 353 PC; ATTEMPT TO COMMIT CORRUPTION OFFENCE C/S 47 (a) (1) ACECA; ATTEMPT TO OBTAIN BY FALSE PRETENCES' C/S 313 ARW S. 389 PC. JOHN MOGUCHE; THOMAS MOTURI OYUNGE; BINLAW CONSTRUCTI ON CO. LTD MANAGING DIRECTOR 2 294,443,904 .00 MINISTRY OF SPECIAL PROGRAMME S 4 WITNESSES TESTIFIED, 11 WITNESSES REMAINING. DEFENCE SOUGHT REVIEW OF MAGISTRATE ORDERS. APPLICATION DISMISSED. CASE TO PROCEED WHERE IT STOPPED. HEARING ON 19TH & 20TH JANUARY 2017. HEARING ON 24TH FEBRUARY 2017. HEARING ON 21ST TO 22ND MARCH 2017. 21/Mar/17 21 | P a g e
S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES NAMES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN COURT 46 ACC/87/2011 CITY LAW COURT NAIROBI TRITON DISPOSED OF OIL WITHOUT AUTHORITY FROM FORTIS BANK WHO ADVANCED FROM IMPORT. STEALING C/S 275 PC; FRAUDULENT DISPOSITION OF MORTGAGE PROPERTY C/S 291 ARW S. 36 PC; ABUSE OF OFFICE C/ 101 (1) PC DEVANI & 3 OTHERS 4 17,105,970. 15 KENYA PIPELINE 4 WITNESSES HAVE TESTIFIED; 11 WITNESSES REMAINING. HEARING ON 30TH JANUARY 2017. HEARING ON 21ST 2017. 21/Mar/17 47 ACC/7/2012 MILIMANI LAW COURTS NAIROBI THE ACCUSED WAS CHARGED FOR CONFERRING A BENEFIT TO SEVERAL APPLICANTS BY ISSUING THEM WITH LETTERS TO ATTEND INTERVIEWS WHILE KNOWING THEY WERE NOT IN THE LIST OF THOSE OFFICIALLY SHORTLISTED OF OFFICE CONTRARY TO SECTION 46 AS READ WITH SECTION 48 OF ACECA GRACE OMOLLO AOKO DIRECTOR EDUCATION 1 - MINISTRY OF EDUCATION 22 WITNESSES HEARD, 42 REMAINING. FURTHER HEARING 28TH NOVEMBER & 6TH DECEMBER, 2016. FURTHER HEARING ON 20TH MARCH 2017. W/A ISSUED AGAINST TWO WITNESSES WHO FAILED TO TURN UP IN COURT. 20/Mar/17 48 ACC/465/2012 MILIMANI LAW COURTS NAIROBI ALLEGATION OF IRREGULAR ALLOCATION OF PUBLIC UTILITY, LAND BELIEVED TO BE KENYA AIRPORT AUTHORITY, WILSON AIRPORT VALUE TO BE 60 MILLION CT I-III: UTTERING FALSE DOCUMENTS CONTRARY TO SECTION 353 OF PC DAVID KAMUNYA RUNO; ZIPPORAH WANGITHI; KAWAFALLS LTD 2 60,000,000. 00 COMMISSION ER OF LANDS 10 WITNESSES HEARD. SUBMISSION ON PROSECUTION. RULING ON CASE TO ANSWER ON 16TH JANUARY 2017. HEARING ON 20TH MARCH 2017. 20/Mar/17 22 | P a g e
S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES NAMES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF PERSO NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN 51 ACC/28/2014 MILIMANI LAW COURTS NAIROBI THIS IS CASE CORRUPTLY SOLICITING AND RECEIVING A BENEFIT AGAINST A COUNTY INSPECTORATE OFFICER, NAIROBI COUNTY CORRUPTLY SOLICITING & RECEIVING A BENEFIT C/SEC 39(3)(A) AS READ WITH SEC.48(1) OF THE ACECA NO.3 OF 2003 CHRISTOPHE R KAMAU NJENGA INSPECTORA TE OFFICER 1 17,000.00 COUNTY GOVERNMENT OF NAIROBI 8 WITNESSES CALLED 2 REMAINING; HEARING ON 25TH NOVEMBER, 2016. FURTHER HEARING ON 18TH JANUARY 2017 HEARING ON 26TH JANUARY 2017. HEARING ON 15TH FEBRUARY 2017. HEARING ON 21ST MARCH 2017. 21/Mar/17 52 ACC/4/2015 MILIMANI LAW COURTS NAIROBI ACCUSED PERSONS ARE CHARGED WITH CONSPIRING AND ENGAGING IN A SCHEME TO DEFRAUD THE GOVERNMENT A EUROS 59,688,250/= THROUGH A SUPPLIERS FINANCING AGREEMENT FOR COMPUTERIZAT ION OF SECURITY, LAW AND SYSTEMS AND PROCEDURE FOR POLICE PROJECT CT. I: CONSPIRACY TO DEFRAUD C/S 317 PC; CT. III & I: FRAUDULENT ACQUISITION OF PUBLIC PROPERTY C/S 45 (1) (a) ARW S. 48 ACECA; CT.IV: ENGAGING IN A PROJECT WITHOUT PRIOR PLANNING C/S 45 (2) (c) ACECA; CT.: DISOBEDIENCE OF STATUTORY DUTY C/S 130 PC: CT. VI; BREACH OF TRUST AFFECTING THE PUBLIC IN DISCHARGE OF OFFICIAL DUTY C/S 127 PC. MWIRARIA (CS); DAVE MUNYA MWANGI; JOSEPH MBUI MAGARI (PS); DAVID LUMUMBA ONYONKA (PS); RASHMI CHAMANLAL KAMANI; DEEPAK KUMAR CHAMANLAL KAMANI; INFO TALENT LIMITED CABINET SECRETARY, PRINCIPAL SECRETARY 7 59,688,250 EUROS OFFICE OF THE PRESIDENT HEARING ON 17TH TO 20TH JANUARY 2017 AND 21ST TO 24TH MARCH 2017 24/Mar/17 24 | P a g e
S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN COURT 53 ACC/11/2015 MILIMANI LAW COURTS NAIROBI ALLEGATION THAT MINISTRY OF ROADS OFFICIALS DISREGARDED DESIGNS PREPARED BY M/S ENGICONSULT LTD AND PREPARED THEIR OWN DESIGNS THAT LED TO MASSIVE EMBEZZLEMENT OF FUNDS BY THE PUBLIC SERVANTS. FAILING TO COMPLY WITH GOVERNMENT FINANCIAL REGULATIONS BY IGNORING THE DESIGN OF KAMKUYWA- KAPTAMA- KAPSOKWONY ROAD WHICH HAD BEEN DONE BY ENGICONSULT CONSULTING ENGINEERS LTD AT THE COST OF KSHS 33,303,600/= CT I: WILFUL FAILURE TO COMPLY WITH APPLICABLE PROCEDURES AND GUIDELINES RELATING TO THE MANAGEMENT OF PUBLIC FUNDS C/S 45(2)(B) AS READ WITH SECTION 48(1) OF THE ACECA; CT II-IV: ABUSE OF OFFICE C/S 46 AS READ WITH 48(1) ACECA; CT V: GIVING FALSE DOCUMENT C/S 41 AS READ WITH 48(1) CT VI: ENGAGING IN A PROJECT WITHOUT PRIOR PLANNING C/S 45(2)(c) OF ACECA; CT VII: WILFUL FAILURE TO COMPLY WITH LAW RELATING TO PROCUREMENT C/S 45(2)(b) AS READ WITH 48(1) ENG. MICHAEL S. MWAURA ENG. MWANGI MAINGI; ENG. NICHOLAS NDUNG’U NG’AN’GA; ARCH. PHILIP ONYANGO SIKA; ENG. GILBERT MONG’ARE ENG. RAPHAEL WECHE OKUBO; ENG. WACHIRA GITAU; MR. CHARLES OIKE MUBWEKA; ENG. KATA MATEMU KITHYO CABINET SECRETARY & OFFICIALS 9 33,303,600. 00 MINISTRY OF AND INFRASTRUCT URE 40 WITNESSES RECORDED, NONE TESTIFIED. HEARING DID NOT PROCEED ON 23RD NOVEMBER, 2016 AS THE COURT WAS NOT SITTING. MATTER ADJOURNED. HEARING ON 23RD & 24TH MARCH 2017. 24/Mar/17 25 | P a g e
S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES NAMES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF PERSO NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN COURT 54 ACC/20/2015 MILIMANI LAW COURTS NAIROBI ALLEGATION THAT ACCUSED PERSON IRREGULARLY PROCURED THE SERVICES OF RIG MOVES AT GEOTHERMAL DEVELOPMENT CORPORATION IN THE FINANCIAL YEAR 2012/13. CT I: WILFUL FAILURE TO COMPLY WITH THE LAW RELATING TO PROCUREMENT CONTRARY TO SECTION 45(2)(B) AS READ WITH SECTION 48 OF THE ACECA; CT II: INAPPROPRIATE INFLUENCE OF EVALUATION C/S 38(2)(a) OF PUBLIC PROCUREMENT AND DISPOSAL ACT; CT III: OF OFFICE C/S 46 AS READ WITH 48 OF ACECA SILAS MASINDE SIMIYU(MD); PRAXIDIS NAMONI SAISAI; NICHOLAS KARUME WEKE; ABRAHAM CHIPCHIRCHI R SAAT; PETER AYODO OMEDA; CALEB INDIATSI MBAI; BRUNO MUGAMBI LINYIRU; MICHEL MAINGI MBEVI; GODWIN MWANGAE MWAWONG O MANAGING DIRECTOR/CE O & OFFICIALS 9 42,000,000. 00 GEO-THERMAL DEVELOPMEN T CORPORATION ALL 13 WITNESSES RECORDED NOT TESTIFIED. HEARING ON 30TH TO 31ST JANUARY, 2017 & 20TH-24TH FEBRUARY, 2017. ONE; THREE & FOUR HAVE BEEN QUASHED BY JR FILED BY PRAXIDIS). MENTION ON 20TH MARCH 2017. 20/Mar/17 55 ACC/23/2015 MILIMANI LAW COURTS NAIROBI THE ACCUSED PERSON WAS CHARGED WITH SOLICITING AND RECEIVING A BENEFIT AS AN INDUCEMENT TO FOREBEAR CHARGING THE COMPLAINANT UNDER THE PUBLIC HEALTH ACT. CT I: CORRUPTLY SOLICITING FOR A BENEFIT C/S 39(3) (A) AS READ WITH SECTION 48(1) ACECA; CT II: CORRUPTLY RECEIVING A BENEFIT C/S 39(3) (A) AS READ WITH SECTION 48(1) ACECA. KENNETH WAWERU COUNTY OFFICIAL 1 40,000.00 NAIROBI CITY COUNTY 4 WITNESSES HEARD, 4 REMAINING. FURTHER HEARING ON 25TH NOVEMBER, 2016. HEARING ON 15TH DECEMBER 2016. HEARING ON 13TH, 21ST AND 22ND MARCH 2017. 21/Mar/17 26 | P a g e
S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES NAMES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF PERSO NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN COURT 56 ACC/6/2016 MILIMANI LAW COURTS NAIROBI ACCUSED PERSON SOLICITED A BENEFIT OF KSH. 5000 FROM JACOB GIKONGA AS INDUCEMENT FOR BEARING CHARGING THE COMPLAINANT FOR ALLEGED OFFENCE FOR FAILING TO DISPLAY OPERATING LICENSE OF HIS CLINIC CT I-V: CORRUPTLY SOLICITING FOR A BENEFIT C/S 39(3)(A) AS READ WITH 48(1) ACECA; CT VI-VII: CONSPIRACY TO COMMIT AN OFFENCE OF CORRUPTION C/S 47A (3) AS READ WITH 48(1) ACECA; GEOFFREY OYALO ALIAS WANDA; VICTORIA NDUKU MATHIAS COUNTY OFFICIALS 2 5,000.00 NAIROBI CITY COUNTY 8 WITNESSES TO TESTIFY NONE TESTIFIED. HEARING ON 23RD, 24TH & 30TH JANUARY 2017 UPON REQUEST OF DEFENCE COUNSEL. MENTION ON 23RD FEBRUARY 2017. HEARING ON 20TH TO 22ND 2017 20/Mar/17 57 ACC/301/2016 MILIMANI LAW COURTS NAIROBI ALLEGATIONS OF CORRUPTION AT NATIONAL YOUTH SERVICE (NY’S) (I) BFIU IF NO. 300/2015 CR. 113/196/2015 NATIONAL YOUTH SERVICE (NY’S) INVESTIGATION S. (MONEY LAUNDERING ARISING FROM THE THEFT OF KSHS. 791,385,000/=. COMPLY: NY’S THROUGH CS - MS. WAIGURU AND ADAN GEDOW HALAKHE. SUSPECTS: JOSEPHINE KABURA (I) STEALING C/SEC OF THE PENAL CODE (II) CONSPIRACY TO COMMIT A FELONY C/SEC 393 OF THE PENAL CODE. (III) MONEY LAUNDERING C/S 3 OF POCAMLA. JOSEPHINE KABURA: JOHN KAGO: SAMUEL MAUDANYI: PATRICK OGOLA: ANTHONY KIHARA: PAUL KINUTHIA: BENSON GETHI: JOHN HOPE WANDAMM E: MARTIN GACHARA & JEDDAH WANGARI. 10 196,420,000 .00 NATIONAL YOUTH SERVICE FURTHER HEARING ON 7TH- 8TH NOVEMBER, 2016. HEARING ON 16TH & 20TH MARCH 2017 20/Mar/17 27 | P a g e
S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF PERSO NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN COURT IRUNGU AND OTHERS. 58 ACC 4/2017 MILIMANI LAW COURTS NAIROBI ABDI KHALIF MADORE & ANOTHER 2 PLEA ON 10TH FEBRUARY 2017. MENTION 24TH FEBRUARY 2017. HEARING ON 22ND & 23RD MARCH 2017. 22/Mar/17 59 ACC/1/2010 NAKURU CR.735/120/201 4 ACC.NO. 4/2014. INQUIRY INTO ALLEGATIONS OF CORRUPTION AGAINST JAVAN MWITE NGUTHURI, A PERFORMANCE CONTRACTING OFFICER, MULTI MEDIA UNIVERSITY. FRAUDULENT ACQUISITION OF PUBLIC PROPERTY CONTRARY TO THE ANTI- CORRUPTION JAVAN OMBASO SAGERO (DECEASED); PAUL SINDANI MOGIRE CONTRACTIN G OFFICER 2 MULTI MEDIA UNIVERSITY MENTION ON 25TH NOVEMBER, 2016. MENTION 26TH JANUARY 2017. MENTION ON 24TH FEBRUARY 2017. MENTION ON 10TH MARCH 2017. MENTION ON 24TH MARCH 2017. 24/Mar/17 60 ACC/4/2012 NAKURU LAW COURT NAKURU ACCUSED PERSON CORRUPTLY SOLICITED FOR KSHS. 35,000/= AND RECEIVED KSHS. 15,000/= CT. I & II: CORRUPTLY SOLICITING & RECEIVING A BENEFIT C/SEC 39(3)(A) AS READ WITH SEC.48(1) OF THE ACECA NO.3 OF 2003 MARCOS MBITHII MULWA 1 35,000.00 KENYA POLICE SERVICE 2 WITNESSES TESTIFIED. 7 WITNESSES REMAINING. MENTION ON 9TH DECEMBER 2016. HEARING ON 2ND FEBRUARY 2017. MENTION ON 13TH FEBRUARY 2017. MENTION 13TH MARCH 2017. MENTION ON 23RD 2017. 23/Mar/17 28 | P a g e
S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES NAMES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF PERSO NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN COURT 61 ACC/3/2014 NAKURU LAW COURT NAKURU THE ACCUSED SOLICITED AND RECEIVED A BENEFIT OF KSHS. 5,000/= CT. II & I: CORRUPTLY SOLICITING & RECEIVING A BENEFIT C/SEC 39(3) (A) AS READ WITH SEC.48 (1) OF THE ACECA NO.3 OF 2003; CT. IV: RESISTING ARREST C/S 254 (B) PC; CT. V: CONCEALING EVIDENCE C/S 66 (1) © ARW S.66 (2) ABDI JAMA 1 5,000.00 2 WITNESSES HEARD. 9 WITNESSES REMAINING. HEARING ON 5TH DECEMBER 2016. HEARING ON 6TH FEBRUARY 2017. HEARING ON 7TH MARCH 2017. HEARING ON 21ST MARCH 2017. 21/Mar/17 62 ACC/4/2014 NAKURU LAW NAKURU MITE NGUTHURU 1 AFFECTED BY TRANSFER OF MAGISTRATES THUS PENDING ALLOCATION OF DATES. HEARING ON 21ST FEBRUARY 2017. HEARING ON 21ST MARCH 2017. 21/Mar/17 63 ACC/3/2016 NAKURU LAW COURT NO. 3 NAKURU INQUIRY INTO ALLEGATIONS OF CORRUPTION AGAINST CI GEORGE OWINO OGOLLA, IP FLORENCE MBITHE, CPL. ANTHONY MWITI MUGUNA AT BAHATI POLICE STATION, NAKURU COMMITTED SEVERAL CT. I: CONSPIRACY TO COMMIT AN OFFENCE OF CORRUPTION C/S 47 (A) ARW S. 48 (1) ACECA; CT. I: ABUSE OF OFFICE C/S 101 (1) ARW S. 102 (A) OF ACECA; CT.III: KNOWING MAKING A FALSE STATEMENT TO ONE'S PRINCIPAL C/S 41 ARW S. 48 (1) ACECA; CT. IV: PROVIDING GEORGE OWINO OGOLLA; FLORENCE MBITHE; ANTHONY MWITI MUGUNA POLICE OFFICER 3 NATIONAL POLICE SERVICES 8 WITNESSES HAVE TESTIFIED. 12 WITNESSES REMAINING. HEARING ON 24TH JANUARY 2017. HEARING ON 23RD 2017. 23/Mar/17 29 | P a g e
S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES NAMES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF PERSO NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN COURT OFFENCES ACECA AND LEADERSHIP AND INTEGRITY ACT AND PENAL CODE. FALSE INFORMATION TO THE COMMISSION C/S 46 (1) (D) ARW S. 46 (2) LEADERSHIP ACT: CT.V: WILFUL NEGLECT TO PERFORM OFFICIAL DUTY BY A PUBLIC OFFICER C/S 128 PC. 64 CR/1818/2016 NAIVASHA LAW COURTS NAKURU CORRUPTLY SOLICITING AND RECEIVING BENEFIT C/SEC 39(3)(A) AS READ WITH SECTION 48(1) OF THE ACECA NORAH CHERONO: WILLIAM OTIENO OSEWE 2 PEA TAKEN ON 6TH DECEMBER 2016. HEARING ON 14TH TO 16TH FEBRUARY 2017. MENTION ON 20TH MARCH 2017 FOR DIRECTIONS. 20/Mar/17 65 ACC/462/2015 NYAMIRA LAW COURTS NYAMIRA IRREGULAR TENDER PROCUREMENT AND AWARD OF MEDICAL INSURANCE COVERS FOR THE MEMBERS OF THE COUNTY ASSEMBLY ON SINGLE SOURCING AT AN INFLATED PRICE OF KSH. 30 MILLION. CT. I. - CARELESS FAILURE TO COMPLY WITH APPLICABLE PROCEDURES AND GUIDELINES RELATING TO TENDERING CONTRACTS C/S 48 OF ACECA. CT. I. - WILFUL FAILURE TO COMPLY WITH LAW AND REGULATIONS RELATING TO PROCUREMENT C/S 45 (2) (b) ARW S. 48 (1) (a) ACECA. CT.III. - ABUSE OF OFFICE C/S 46 ARW S. 48 (1) (a) ACECA. DUKE SIMON ONYARI - AG. CLERK TO COUNTY ASSEMBLY; NEHEMIAH NYABUTO NYAKUNDI, PRINCIPAL FINANCE OFFICER; ERIC ONGUTI AYUKA, TENDER COMMITTEE MEMBER; ROBERT NYASATO, TENDER COMMITTEE MEMBER; ENOCK OMWENGA 7 30,000,000. 00 NYAMIRA COUNTY ASSEMBLY 11 WITNESSES HAVE TESTIFIED. 3 WITNESSES REMAINING. FURTHER HEARING ON 23RD TO 24TH NOVEMBER, 2016. HEARING ON 16TH & 20TH MARCH 2017. 20/Mar/17 30 | P a g e
S/No CASE NO. COURT COUNTY CRIMINAL CASE SUMMARY OFFENCES/CHAR GES NAMES OF ACCUSED PERSON(S) DESIGNATIO N NO. OF PERSO NS AMOUNT INSTITUTION CRIMINAL CASE STATUS NEXT DATE IN COURT CT.IV. - FRAUDULENTLY MAKING PAYMENTS FROM PUBLIC REVENUE C/S 45 (2) (a) ARW S. 48 (1) ACECA. NYAKUNDI, TENDER COMMITTEE MEMBER; SILVANUS NDEMO NYAMORA, TENDER COMMITTEE MEMBER; PENINA KERUBO KERAMA, TENDER COMMITTEE MEMBER 66 ACC/5/2014 NYERI LAW COURT NO. 1 NYERI ACCUSED PERSON CORRUPTLY SOLICITED FOR A BENEFIT OF KSHS.1,500/= CT. II & I: CORRUPTLY SOLICITED AND RECEIVED A BENEFIT C/S 39 (3) (A) ARW S. 48 (1) OF ACECA. JOSPHAT GITONGA WAMBUGU JUDICIAL OFFICER 1 JUDICIARY ALL 7 WITNESSES HEARD. PROSECUTION CLOSED ITS CASE. DEFENCE HEARING ON 5TH DECEMBER, 2016. DEFENCE HEARING ON 27TH FEBRUARY 2017. MENTION ON 21ST 2017 TO FILE SUBMISSIONS. 21/Mar/17 67 ACC/3 & 5/2014 ELDORET UASIN GISHU FRAUDULENT ACQUISITION OF PUBLIC PROPERTY JOSEPH KIPLAGAT KURGAT; FRANCIS KIPLIMO NGÉTICH 2 NATIONAL AIDS CONTROL COUNCIL CONSOLIDATED WITH ACC NO 5/2015. 3 WITNESSES TESTIFIED. 17 WITNESSES REMAINING. HEARING ON 8TH FEBRUARY, 2017. HEARING ON 24TH MARCH 2017. 24/Mar/17 31 | P a g e