An agent is guilty of an offence according to Sec. 41 of the Anti-Corruption and Economic Crimes Act if he does the following to the disadvantage of the principal (and the general public):
- He makes a false or misleading statement to his principal or
- Gives his principal a document, which he knows, contains anything that is false or misleading.
Illustration of “Deceiving a Principal”
Kaka is a Doctor at Ujamaa district hospital. He frequently absents himself from work during the day on grounds of picking and dropping his children from school. In reality, he goes to attend to a new clinic he has opened in town. At the end of every month, he receives a salary for a full month’s work on the understanding by the government that he has faithfully been on duty the entire month.
Kaka commits the offence of deceiving the principal.