The anti corruption Court has acquitted eight accused persons in a long-running fraud case involving the Kenya Power and Lighting Company (KPLC), bringing to a close proceedings that have spanned several years.
Delivering judgment in Criminal Case No. ACCR 25 of 2018, Magistrate C.N. Ondieki ruled that the prosecution had failed to prove its case against the accused persons across multiple counts.
On Count 1, conspiracy to commit fraud, the court found that the evidence presented was insufficient to sustain a conviction. Accused persons number 2, 4, 5, 6, 7, 8, and 9 were consequently found not guilty and acquitted under Section 215 of the Criminal Procedure Code.
Regarding Count 4, willful failure to comply with the law relating to procurement, Magistrate held that the charge lacked a proper legal foundation. The court described it as “incurably defective,” leading to the acquittal of the 8th and 9th accused persons.
A similar finding was made on Count 5, also relating to procurement law violations. The court ruled that the prosecution had failed to establish a legal basis for the charge. As a result, the 4th, 5th, 6th, 7th, and 8th accused persons were acquitted.
On Count 6, abuse of office, the court found that the prosecution had not proven beyond reasonable doubt that the accused persons improperly benefited from the alleged transactions. The 2nd and 5th accused persons were acquitted on this count.
In conclusion, the court ordered that all accused persons be set at liberty. It further directed that all cash bail be refunded to the respective depositors, securities discharged, and any security documents released.
Additionally, passports belonging to the 4th, 6th, 7th, and 9th accused persons are to be returned.
