BY SAM ALFAN.
It has now emerged that over Sh337 million paid to a law firm on the strength of a court order last month were distributed to more than 10 individuals and lawyers soon after they were released by EcoBank.
The money was part of more than Sh2.6 billion belonging to Kiwipay Kenya ltd, which were frozen last year over suspicion that it was linked to card fraud.
The order freezing the money was lifted last September after Assets Recovery Agency (ARA) dropped plans to forfeit the millions to the state.
Last month, High Court judge Dorah Chepkwony directed the law firm of Rene & Hans LLP to be paid US $2.5 million for representing three Kenyans after they were allegedly removed as shareholders and directors of Kiwipay Kenya ltd.
But soon as the money was released to I&M Bank, the law firm instructed the lender to distribute the funds.
Documents filed by the lender in court showed that Arcoverde (K) ltd received Sh50 million, William Kabogo Gitau Sh130 million, Kenneth W Odhiambo Ojwang Sh25 million, Sharon Mirella Wakho Sh10 million, Squire Afrilaw Consult ltd Sh7 million and Ivio Advocates LLP Sh20 million.
Others who received the share of the money are W Weke and Company Advocates Sh10 million, MMA Advocates LLP Sh.5 million, Isaac Rene Okumu Sh 25 million, Simon Munene Mwendia Sh5 million, Joel Githiu Ngari Sh5 million, Isaac Rene Okumu Sh7.2 million who also received another Sh.800,000.
Attempts by the main shareholder of Kiwipay Kenya ltd Laos citizen Monthida Rashi to block the distribution of the money were futile.
This is after the bank revealed that the funds had been released by the time it was served with a court order.
“In view of the foregoing, the Bank is unable to comply with the order stopping the transfer of the said funds as it has been overtaken by events,” the bank said in an affidavit filed in court.
The Bank is also opposed to be joined in the proceedings as it does not hold any funds which are the subject matter of these proceedings.
The Bank further states that on 3rd April 2023, former Nairobi Governor Mike Sonko visited the lender accompanied by Rashi demanding information on the company’s account.
However, the Bank declined to divulge any information claiming it would be in breach of the Bank’s duty of confidentiality with the law firm who is the Bank’s customer.
Rashi said she reached out to the former Governor requesting for assistance, being a foreigner.
On the same date of 3 April 2023, the Bank separately received two letters from Kiwipay’s Advocates informing it of the on-going cases and the existence of the court order, which barred it from transferring the said Funds.
The order barring EcoBank from transferring the subject funds was obtained on 31 March 2023 which was the same date the 2nd Respondent transferred the funds to the Bank.
I & M Bank claims it was not aware of any order stopping the transfer of the said funds and only came to learn about it on 3rd April 2023 after the visit by Mr. “Sonko” as well as upon receipt of the two letters from the 1″ Respondent and its Counsel.
The Bank received funds on 31 March 2023 supported by a court order dated 27th March 2023 and obliged to the law firm/customer instructions to transfer the funds.
The Bank seeks to be discharged from these proceedings with costs to it to avert incurring further costs as it does not hold any funds which are the subject matter of these proceedings.
