JOHN FAUSTINE KINYUA V. REPUBLIC

JUDGEMENT OF THE COURT

[1] John Faustine Kinyua, the appellant in this appeal was charged with the offence of fraudulent acquisition of public property contrary to section 48 of the Anti-Corruption and Economic Crimes Act, No 3 of 2003 (ACEA) as read with section 48 of ACEA. The particulars in support of the charge stated as follows;-

“On or about 12^th June 2006 in Kenya Reinsurance Corporation Offices situated in Nairobi within Nairobi Province, being a person employed by a public body, to wit Kenya Reinsurance Corporation as Director of Finance and Corporation Services, fraudulently acquired public property by instructing Mr. Isaack Kiprop Tugume, a cashier with the said Corporation, to credit to his account with Ksh 1,835,978.00 being proceeds of cheque no 002492 paid by Trident Insurance Co. Ltd as 18% compulsory treaty shares, which sum was meant for Kenya Reinsurance Corporation.”

He pleaded not guilty to the charge. After a fairly lengthy trial that included oral evidence by about…