Ngamau & another v Republic (Criminal Appeal E115 & E116 of 2023 (Consolidated)) [2025] KECA 1753 (KLR) (24 October 2025) (Judgment)

Facts

The appellants were found guilty of unlawful acquisition of public property and making false documents under the Anti-Corruption and Economic Crimes Act (ACECA) and the Penal Code. The prosecution alleged that the appellants, as directors of Quorandum Ltd, knowingly received Kshs. 180,364,789 from the Youth Enterprise Development Fund for services not rendered, using falsified contracts disowned by Fund officials.

Issues

1. Whether the 1st appellant was denied his constitutional right to fair hearing.
2. Whether errors of law in the judgment were sufficient to render the verdict of guilty unjust.
3. Whether there were gross errors of fact which led to untenable findings and were sufficient to negate all conclusions formed.

Reasoning

The court held that the appellants received a fair trial and were properly informed of the charges. It found the contracts falsified and payments improperly received, but allowed the appeal on Counts 10 and 11 for making false documents due to lack of direct evidence.

Outcome

Appeal allowed on Counts 10 and 11 for making false documents.

Authorities cited