By Donald Kipkorir via Facebook
Friends and supporters of Anne Waiguru, our powerful Minister for Devolution, can support her without re-writing the criminal law. An offence is committed once one has an intent to commit an offence, what in law is called mens rea. It matters not that you didn’t succeed in completing the act.
Attempted offences are offences to act as a deterrence from one even having criminal thoughts. Inchoate offences are therefore as bad as completed ones. It is why we have offences of “attempted” and “conspiracy” across our Penal Code and Public Officer Ethics Act.
What friends of Minister Waiguru need to argue is that she wasn’t involved at all. The argument that no money was lost could be an admission that she was involved but didn’t succeed! Anne Waiguru needs friends but not such kind of friends. We are happy when no money is lost.
We are happy when no one is killed. But it doesn’t stop DPP Keriako Tobiko from indicting one with attempting to defraud, or attempted murder or conspiracy to defraud or murder! Anne Waiguru may need to change advisers.