BY SAM ALFAN.
A magistrate has given the prosecution one month to supply former Chase Bank top managers with new evidence before bringing additional charges against them.
Senior Principal Magistrate Bernard Ochoi allowed an application by the prosecution to adjourn the case. He directed the case to be mentioned on May 6.
“I hereby grant prosecution one month to supply the defence with the new evidence and amended charge sheet. The matter to be mentioned on May 6 for further directions and plea taking if no other matters will arise,” ruled Magistrate Ochoi.
DPP Noordin Haji through Senior Prosecutor Terry Kahoro applied for another month adjournment to allow investigating officer who is currently at isolation to recover.
The investigating officer will be expected to supply the defence with the new evidence and a copy of the amended charge.
During the application, the prosecution dismissed claims by the defence team that the only amendment was to remove one of the accused from the criminal case saying the defence submissions were speculative and misleading.
Defence lawyers led by David Chege and Mogire Hezron told the court that prosecution was conducting investigations in the middle of the trial and will oppose any investigation conducted while the trial was ongoing.
The prosecution indicated that the investigating officer received fresh information and sent it to the Director of Public Prosecutions (DPP) for review.
According to the prosecutor, the information may lead to more charges against the accused persons. The managers are charged with conspiracy to defraud the bank of more than Sh1.1 billion.
Mohammed Zafrulla Khan, Duncan Gichu Kabui, James Mwenja, Makarios Agumbi, Patrick Musimba, Angela Musimba, Luciene Sunter, Vlasman, Porting Assess Limited and Itecs limited are facing fraud charges over the collapsed lender.
They are accused that between January 23, 2015 and March 31, 2016 at Chase bank limited headquarters in Nairobi city, with intent to defraud jointly conspired to steal from chase bank Sh 1,150,125,587.20 by irregularly disbursing the said amount to porting Assess limited and Itecs limited without following the payment process as stipulated in the finance policy of the said chase bank.
They are also accused of stealing the same amount of money between the same period at the headquarters.
Khan is also charged with stealing in his capacity as the bank’s director jointly with others not before court.
He is also charged alongside Kabui, Mwenja and Agumbi are charged with knowingly or reasonably ought to have known that Sh 740,442,687.20 formed part of proceeds of crime removed the said money from the bank’s internal account and facilitated its transfer to two bank accounts domiciled at Paramount Universal Bank.
Musimba who is a member of Parliament and his wife Mwende Musimba, Sunter, Vlasman and the two companies ate accuses of jointly knowingly or reasonably ought to have known that Sh 409,682,900 formed part of proceeds of crime removed the said money from the bank and transferred the same to another account domiciled at Kenya Commercial Bank, Kipande branch.
They are also charged with money laundering.