Question
Ms. Nafula is the managing partner of Naffy Associates, an accountancy and audit firm registered and operating as such in the Republic of Watu Wazuri
Ms. Nafula is the managing partner of Naffy Associates, an accountancy and audit firm registered and operating as such in the Republic of Watu Wazuri (RWW). The laws of RWW are, in all aspects, similar to the laws of Kenya. The past three financial years have not been great for Naffy Associates since the firm has been making huge losses. The firm is at the verge of insolvency. The firm made an application for a certain tender from the government of Karrel. As the managing partner, Nafula knows that if the firm is awarded this tender, it will be saved from financial difficulties. In a bid to facilitate being awarded the tender, Ms. Nafula invited Mr. Rakyel, the officer in charge of government tenders in Karrel Republic. At this dinner Ms. Nafula requested Mr Rakyel to consider her firm favourably and promised to give him ten percent of the tender proceeds should Naffy Associates win the tender. Once the tendering process was over, Naffy Associates won the tender and Ms. Nafula honored her promise. Assume that you are the director of public prosecutions in RWW and these facts and the evidence supporting the facts have been brought to your attention. First, analyse the facts to ascertain whether an offence has been committed. If it has, which offence? In your analysis, explain the elements that must be proven in order to convict a person under the said offence, and whether all those elements are present in this case. Should you form an opinion to prosecute any of the above parties, which party will you prosecute and for what crime?
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