Criminal Conspiracy: The law revisited,
you have to understand that the charge against Thuita is abuse of office. To nab him is easy. He is the accounting officer and thus directly responsible for the payment of monies from the Ministry. In addition a tender of 1.5b can only be signed by him. Now there are tendering procedures set in law which he was to follow and/or supervise and he didn't. For all other linked persons ESPECIALLY those who did not sign any document the charge has to be proved by dint of criminal conspiracy. Justice Apondi (or I should say Former Justice Apondi) in a recent decision took note of and explained the law of criminal conspiracy in Kenya. As conspiracy is the primary charge against the accused, you first advert to the law of conspiracy – its definition, essential features and proof.-
“Criminal conspiracy basically involves two or more person who agree to do, or cause to be done,
(1) An illegal act, or
(2) An act which is not illegal by illegal means.
To buy the property in Tokyo was in itself not illegal and in fact had been approved and passed by Parliament but then the manner in which the procurement and purchase was contra statute. It is important to point out that it is immaterial whether the illegal act is the ultimate object of such agreement or action, or is merely incidental to that object.
For Wetangula therefore although am certain they considered it the Anti Corruption Officers probably decided against it as proof of a criminal conspiracy by direct evidence is ordinarily not easy to get and they will not get it in this case unless anything said, done or written by Weta in reference to a common intention, after the time when such intention was made is shown. Capish,free legal advice...
possunt quia posse videntur