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…It would appear that the defendant is a public officer employed in a public office. There are no sufficient details in the Return of Service regarding the defendant’s place of work.…

…Further, considering that defendant was a public officer and was bound to report for work, I am not satisfied that he could not have been found. The plaintiff had another mode of service to fall back upon.…

…The charges arose from an incident on 31 st July, 2018, when the Appellant, a public officer employed by the Bomet County Government, allegedly presented a fake Master's Degree Certificate in Business Administration (Marketing…

…The particulars were that on the same date and place, being a public officer, the Appellant knowingly provided false information to Bomet County Public Service Board by stating that he had a Master's Certificate in Business…

…If the Commission decides the matter should be further investigated, it may request the Minister to appoint a Public Officer or Public Officers to conduct the further investigation in which case the Officers being investigated…

…The report of the Public Officer or Public Officers conducting the Investigation is given back to the Public Service Commission which shall decide on the punishment, if any, to be given.…

…Officer Ethics Act, 2003.…

…Section 30 of the Act provides as follows: (1)A public officer shall recuse himself or herself from any discussion, decision, debate or vote on any matter in respect of which the public officer would be in conflict of interest…

…On the contrary, the Appellant’s witnesses, including DW5, a former Ministry of Lands officer, testified that public officers were entitled to apply for unsurveyed land and that, at the material time, the Appellant was duly…

…In regard to the first issue, the Respondent submitted that the prosecution discharged its burden by establishing the ingredients of abuse of office under section 101 of the Penal Code, which requires that a public officer…

…According to him, he thought that he had been given a normal transfer to the Nyayo Bus Service as a public officer and he only went to Mr Sabari (PW2) to complain when he found that he was being transferred to Mombasa and…

…RESPONDENT JUDGMENT The appellant was charged in the Court of the Resident Magistrate at Eldoret with the two offences, namely indecent assault on a female contrary to section 144(1) of the Penal Code and personating a public…

…officer contrary to section 105 (b) of the same Code.…

…What is relevant function or activity is set out in Section 7 of the Act and includes function of public nature or carried out by a state officer or public officer.…

…The accused must have intended that a relevant function or activity should be performed improperly by the person or other person, and the function or activity must be of public nature or such a nature carried by a public…

…Turning to the second count of giving false information to a public officer, the prosecution was required to demonstrate that the Respondent knowingly gave false information to mislead the police into an act they would not…

…Section 129(a) of the Penal Code criminalizes the act of giving information to a person employed in the public service which the maker knows or believes to be false, intending thereby to cause such public officer to do or…

…The prosecution was therefore required to prove beyond reasonable doubt that information was communicated to a public officer; that the information was false; that the Appellant knew or believed it to be false when communicating…

…He submitted that under Section 77 (1) and (2) of the Evidence Act, its only a public officer working in government who could have produced the document.…

…He further submitted that under Section 77 (1) and (2) of the Evidence Act, its only a public officer working in government who could have produced the document.…

…duty, or by any other person in performance of a duty specially enjoined by the law of the country in which such book, register or record is kept, is itself admissible” “[80] Certified copies of public documents. (1) Every public…

…officer having the custody of a public document which any person has a right to inspect shall give that person on demand a copy of it on payment of the legal fees therefor, together with a certificate written at the foot…

…must be the mens rea that by so receiving some function or activity should be improperly performed by that person or by somebody else and lastly the function must be of a public nature or of such a nature carried out by a public…

…officer.”…

…That there was sufficient proof that the respondent was a public officer who was also identified by PW1, PW2 and PW3 as their work colleague.…

…It is not lost on me that the appellant was a public officer on the material date of 7th March 2013. Under articles 60 and 61 of the Constitution, all minerals and mineral oils as defined by law are public land.…