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John Simiyu Khaemba & Pamela Maluti v. Republic

(2020) JELR 100785 (CA)

Court of Appeal  •  Criminal Appeal 100 of 2019  •  7 Aug 2020  •  Kenya

Roselyn Naliaka Nambuye, Sankale ole Kantai, Kathurima M'inoti



John Simiyu Khaemba (the 1st appellant) and Pamela Maluti (the 2nd appellant), were charged with four others be-fore the Chief Magistrate’s Court at Eldoret with ten counts of offences under the Anti-Corruption and Economic Crimes Act, No. 3 of 2003 (the Act). At the material time the 1st appellant was the accountant whilst the 2nd appellant was the procurement officer of the Kenya Rural Roads Authority, Uasin Gishu region. Among the appellants’ co-accused were a former Member of Parliament for Eldoret South Constituency, Hon. Peris Chepchumba Simam and her husband, Enock Kimel Simam, both directors of a company known as Kachur Holdings Ltd. The 1st appellant was charged in two of the ten counts whilst the 2nd appellant was charged in six.

In the first count, (count 1) the 1st appellant was charged jointly with the others, with conspiracy to commit an economic crime contrary to section 47A (3) as read with section 48(1) of the Act. The particulars were that betwee…

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