Mburu v Republic (Criminal Application E009 of 2022) [2023] KECA 108 (KLR) (3 February 2023) (Ruling)

Facts

The applicant, Dan Kang’ara Mburu, was charged with dealing in suspect property and abuse of office after being convicted for operating an un-roadworthy motor vehicle. The vehicle was impounded due to numerous defects and the applicant was prosecuted by the Ethics and Anti-Corruption Commission (EACC).

Issues

1. Whether exceptional circumstances justify the additional evidence
2. Whether the evidence is credible and may change the outcome of the case
3. Whether the evidence is not utilized for the purpose of removing lacunae and filling gaps in evidence
4. Whether a party who has been unsuccessful at the trial can seek to adduce additional evidence to make a fresh case

Reasoning

The court finds the application unmerited and dismisses it due to lack of exceptional circumstances, uncredible evidence, and the applicant's failure to find the letters earlier with due diligence.

Outcome

Application dismissed