BY SAM ALFAN.
Family Bank now wants to settle out court the case in which the bank is charged with failing to report unusual transactions carried out by the chief NYS suspect Josephine Kabura.
The bank through its lawyers, Wahome Gatonye and Cecil Miller told the court that the bank is in the process of settling the matter out of court.
“We have initiated some discussion with the office of DPP with a view to exploring an out of court settlement.
Which we hope it can bring this matter to an end” submitted Gatonye.
The court was told that the Bank has been in communication with the Director of Public Prosecution with a view of withdrawing the matter from the court.
Mr Miller further said that they are waiting for an outcome on whether the court of appeal will stay the criminal proceedings pending at the lower court.
Lawyer Wahome Latonya told Nairobi Chief Magistrate Francis Andanyi that, the bank has appealed the high court that failed to stop prosecution of the bank and it top managers.
The matter before the court of appeal was fixed for hearing on 17 of October but IEBC has declared the date as the polling date.
He said if the matter proceeds, the bank will suffer double jeopardy since it has fined by Central Bank over the same matter.
“Having fined by the regulator it will suffer double jeopardy if it will be charged with a criminal case?” said Gatonye.
He said Article 50 protect the right to suffer double jeopardy.
The court allowed their application an adjournment pending the appellate court decision.
The prosecution had availed two witnesses from Central Bank to testify against the bank and other officials.
Former Family Bank Chief Executive Peter Munyiri, together with other top officials, were charged in court for money laundering Munyiri, alongside six others who have all been sacked, including KTDA Branch Manager Robert Oscar Nyaga, was charged with the offense linked to the National Youth Service scandal.
They are charged with nine counts, including failure to report unusual transactions carried out by the chief suspect Josephine Kabura Irungu’s three bank accounts, were brought before the bank and the accused person.
