Court orders fraud case against former bank boss to start afresh

KAKAMEGA, KENYA: Court has ordered the case against former head of cash at a commercial bank facing theft charges to face fresh trial after Director of Public Prosecutions (DPP) said there are crucial documents prosecution will be relying on.

Kakamega Senior Principal Magistrate Thomas Muraguri said that the accused person is the most important party in the criminal proceedings.

Carolyne Musungu Mwenesi, is being charged with stealing Sh6.7 million at Diamond Trust Bank on May 24, 2017 after she failed to remit the cash to the Central Bank in Kisumu.

The DPP through State Prosecutor Samson Ng’etich told the court that there are bank statements on the material day that the prosecution opted to rely on against the accused person.

Mr Ng’etich submitted that the accused would not be prejudiced as she will be given an opportunity to cross examine the documents.

Through lawyer Elias Mutuma, the accused had opposed the application to introduce new documents saying that two witnesses including former Branch Manager had testified without mentioning the documents.

Mutuma urged the court to expunge the documents saying that the prosecution was out to seal loopholes created after two witnesses testified without referring to the documents.

“The most suitable person to testify on the bank statements being produced today was the Branch Manager but he decided not to. He should have been cross-examined on the documents and we submit that the application to use documents the defense was not supplied with is violation of accused person’s rights,” said Mr Mutuma.

The magistrate ordered the trial to commence afresh and directed the prosecution to supply all documentary statements and exhibits it shall rely on.

The matter will be heard on February 25 and 26, 2019.