By Evelyn Kwamboka
The High Court has stopped the police from investigating two Kenya Commercial Bank directors over Sh800 million properties.
Justice David Majanja issued the orders against Police Commissioner Mathew Iteere and CID Director Ndegwa Muhoro following a successful case that was argued by the bank on behalf of its directors- Mr David Malakwen and Wilfred Sang.
The police had ordered the directors to appear before the CID headquarters to record statements over issues in dispute between the bank, Benjoh Amalgamated Limited and Muiru Coffee Estates Limited.
In the case, the bankâs lawyer Philip Nyachoti had told the court police were out to investigate issues that have been determined by the High Court and Court of Appeal in more than 18 cases and in so far as any pending cases are concerned, the matters are sub judice.
"As such, the said requisitions are therefore intended to frustrate, embarrass, intimidate, unfairly and illegally acquire evidence and/ or information on the said dispute in favour of the said company, so as to gain unfair advantage over KCB in the said cases," he told the court.
He said the police move is further intended to prefer criminal cases against the two bank officials, adding that his clientâs employees are now reasonably apprehensive that their fundamental rights as enshrined in the constitution are threatened and actually infringed.
The officials were summoned to appear before the CID.
In his ruling the judge said if a criminal case against one of the parties in the matter proceeds, the directors and the bank will be called to answer to matters that have been settled by courts of law in disputes between them and complainants.
The judge pointed out that subjecting KCB officers to an inquiry by the police outside the confines of the case where an application for cross examination of the CEO Martin Oduor Otieno has been made and whose cross examination may be expected, is an interference with the fair determination of the pending claims in court.
The issue on the land parcels situated in Nyandarua and Kiambu started in April 1989 when the bank granted Benjoh Amalgamated banking accommodation and financial facilities, secured by legal charges over all the three pieces of land.
The said company allegedly defaulted in the repayment of the banking accommodation and facilities, forcing the bank to instruct its lawyers to demand and recover the amount from the company and the guarantor-Muiri Coffee Estate Limited.
