Japheth Ambalwa Angahya, Hassan Adan Ibrahim & Paul Mwangoma Macharia v Republic (Criminal Appeal 269 of 2010) [2016] KEHC 2626 (KLR) (7 October 2016) (Judgment)

Facts

The appellants were administration police officers who received money from Equity bank, Kerugoya branch on account of security services rendered to the bank. They were charged with six counts of fraudulent acquisition of public property.

Issues

1. Whether the prosecution case was sufficient to prove the appellants' guilt
2. Whether the learned magistrate erred in law and fact in finding that the entire amount deposited in the bank account was generated from security services rendered by administration police officers
3. Whether the learned magistrate erred in law and fact in finding that the account opened by the appellants was duly authorised by the then District Commissioner of Kirinyaga District

Reasoning

The court considers the evidence on record and finds that the prosecution case was sufficient to prove the appellants' guilt. The court also finds that the learned magistrate erred in law and fact in finding that the account was duly authorised.

Outcome

Appeal dismissed

Authorities cited