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DAN KANG'ARA MBURU
V.
REPUBLIC

(2024) JELR 111988 (CA)

Court of Appeal 24 May 2024 Kenya
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- The appellant was charged with dealing with suspect property and abuse of office under the Anti-Corruption and Economic Crimes Act. - The prosecution presented evidence of surveillance conducted by the Ethics and Anti-Corruption Commissio

Case Details

Suit Number:CRIMINAL APPEAL NO. 35 OF 2020
Judges:P.O. KIAGE, JA ALI-ARONI, JA L. ACHODE, JA
Location:Nairobi

JUDGMENT OF THE COURT

The appellant, Dan Kang’ara Mburu, was arrested and arraigned before the Chief Magistrate’s Court in Nairobi and charged with dealing with suspect property contrary to section 47(2)(a) as read with section 48(1) of the Anti-Corruption and Economic Crimes Act No. 3 of 2003. The particulars of the offence were that on 9th November 2017, at Muthurwa area within Nairobi City County, the appellant being a person employed by a public body to wit, the National Police Service, as a Police Corporal attached  to  Makongeni  Traffic  Base,  Traffic  department,  having reasons to believe that a certain property namely, Kshs. 5,250 was acquired as a result of corrupt conduct, he held and concealed the said property.

In count 2, the appellant was charged with abuse of office contrary to section 46 as read with section 48(1) of the Anti- Corruption and Economic Crimes Act No. 3 of 2003. The particulars of the offence were that on 9th November 2017, at Muthurwa area within Nairob…

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