The bank through their lawyer Allen Gichuhi, filed an application under certificate of urgency seeking to bar the media from publishing or broadcasting the dispute pending the court.
“Pending inter parties hearing and determination, the court be and hereby pleased to order a temporary injunction restraining the publication of this application, the pleadings and further publication of any article relating to the materials filed in these proceedings or otherwise disclosure or making public any confidential information regarding NIC Bank , it business, directors, employees, shareholders, customers and their accounts” state the court documents.
According to supporting affidavit sworn by the bank legal manager Steve Athenya, the bank risk,s from what it termed as negative press publication.
The bank further wanted a mandatory injunction issued to compel Kennedy Odhiambo Nyagudi and The Lion’s Heart Self Help Group to delete and destroy all copies of the email correspondence between the NIC Bank Limited and Amanya Gaming Group (K) Limited advocates from 14 November 2017 to 8, June 2018 in their possession or control.
“Howsover obtained and whether in tangible or intangible form of render to this court certificate confirming such deletion and obstruction together with an affidavit verifying the contents of the certificate” said the NIC Bank.
The bank further claimed it has a right to fair hearing which is breached by the plaintiffs attempt to use the police, Central Bank and Banking fraud investigation Unit to intimidate and bully the bank into settling the dispute.
The bank’s application was opposed by Nyagudi’s lawyer Eddy Orinda on grounds that the same was meant to derail the pending application in which it is accused of defrauding Kenya public millions of shillings and transferring the same outside the country.
The lawyer told Justice Rachael Ngetich, that the bank has not shown any prejudice that has been caused by the media houses in reporting the matter.
He said the matter before court is of public interest and the media is free to report and bring out vital information held by the bank over financial transaction with Amaya Gaming Group limited.
The lawyer pointed out by the court allowing the bank’s application will acted unfairly since the application was filed when parties were prepared to hear the main suit.
The judge in declined to granting the ganging order, directed that application be responded to by the Nyagudi’s lawyer and The Lion’s Heart Self Help Group who have jointly sued the bank and the Gaming company.
The former legislator filed the suit against the bank in October 2017, claiming that the financial institution has withheld information over transaction with Amaya Gaming Group where he his a director and subsequently opening of several bank accounts with the company without his knowledge.
He claims Amaya has been charged in Canada for defrauding Canadians and United States of America of million shillings and unless the information held by the bank over the financial transaction with the company is disclosed its should be made liable for any tax evasion and cash transfer.
” The bank has refused to release the financial transaction of the Amaya Group to enable Nyagudi to determine payable taxis and penalties to Kenya Revenue Authority” the lawyer said.
He said the bank has aided and abetted possible money laundering and opened several accounts for Amaya Group which he did not participate as a director and might turn out to be fraudulent financial transaction actionable by law.
The consequence of refusal to provide the information will render Mr Nyagudi legally and criminal liable to tax evasion.
NIC Bank last year audited results for financial year ending 31 December 2017 disclosed an assent base of 193 billion according to court documents.
The judge directed that the matter be heard on 17 October 2018.
