Hii ya Mhando: Maoni ya kisheria ni haya hapa...



JF-Expert Member
Mar 31, 2009


JF-Expert Member
Joined Mar 31, 2009
4,134 1,250
Haya ndio walioshauri mawakili:


48. As you will have noted in our Opinion thus far, we have noted and we hope you have also noted, our analyses to most of the issues (if not all) tend to have a conclusion which revolves around the Managing Director, Mr. Mhando. In this regard, we state here that, it may tempt readers of this Opinion to misconceive a feeling that, there is mischievousness on the part of the drawers of this Opinion. All the same, one needs to take note that, it is not true that, it is Mr. Mhando alone who has been a subject of this Opinion. But, this Opinion addressed itself to various Auditors' findings relative to the contracts with Santa Clara and McDonald. All these directly, albeit one would say, unfortunately, touch on the moral turpitude of Mr. Mhando.

As a result, the Auditors' key findings, conclusions and recommendations are centrally based, yet indeed, as they were commissioned by the Board itself. It is from the Board's very specific terms of reference of 2nd August, 2012 that everything is now springing. We are opining on the Board's instruction and specific terms of reference as highlighted above. All other officers (as one must have noted), are implicated as a result of the two contracts, unfortunately again centred on the alleged conduct of Mr. Mhando. It is our strong opinion that, we have all along exercised professionalism and objectivity in rendering this Opinion.


49. From the foregoing, it is our opinion that, various misconducts were committed by various officers of the Company. This Opinion has established misconducts which include Conflict of Interest, Dishonesty, Breach of Trust, Failure to Declare Declarable Interest and Abuse of Office. In that regard, this Opinion in view of the misconducts committed, proposes for appropriate disciplinary actions. Nonetheless, this Opinion submits five scenarios of processes that may be adopted by the Board towards implementation of the disciplinary action. It is our strong opinion that, in view of the misconducts committed, the appropriate disciplinary action be taken whilst ensuring that, there is compliance

Prepared by: Godwin S. Ngwilimi (Advocate) Crispin B. Mwebesa (Advocate) Ms. Sundi Mahalu (Advocate)



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