Republic v Oywer & another (Criminal Case 11 of 2016) [2019] KEMC 11 (KLR) (Anti-Corruption and Economic Crimes) (2 October 2019) (Ruling)
- Court
- Magistrate's Courts
- Case number
- 11
- Citation
- [2019] KEMC 11 (KLR)
- Decided
- 2 October 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCriminal CasePostureAppeal from a previous decisionCoramF KOMBO
Holding
The court dismisses Count 4 and acquits the accused under Section 210 CPC
Facts
The prosecution presented evidence against Elizabeth Oywer and two other accused persons, alleging corruption and economic crimes. The EACC investigators served a notice to produce information and documents, which the accused failed to comply with.
Issues
- Whether the notice to produce information and documents was properly served
- Whether the accused's failure to comply with the notice constitutes an offense under Section 28(9) of the Anti-Corruption and Economic Crimes Act
Reasoning
The court finds that the notice to produce information and documents was not properly served and that the accused's failure to comply with the notice does not constitute an offense under Section 28(9) of the Anti-Corruption and Economic Crimes Act.
Outcome
The accused is acquitted of Count 4
Orders
- Dismiss Count 4 and acquit the accused
Authorities cited
Legislation (1)
- Anti-Corruption and Economic Crimes Act (ACECA)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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