Kibwezi West MP, wife detained over Sh1 billion theft

Kibwezi East MP Patrick Musimba (centre), his wife Angela Mwende (partially hidden, left) at the Milimani Law Courts in Nairobi where he pleaded not guilty to conspiracy to defraud Chase Bank. The couple was remanded at Kileleshwa Police Station. [George Njunge, Standard]

An MP and his wife were  have been detained for four days pending a ruling on their bail application.

Kibwezi West MP Patrick Musimba and his wife Angela Mwende are facing fraud charges in connection with the collapse of Chase Bank.

Appearing before Senior Resident Magistrate Hellen Onkwani, the couple denied several charges among them conspiracy to defraud, stealing Sh1,150,125,587.20 and laundering Sh409,682,900.

They were charged alongside former Chase Bank boss Mohammed Zafrula Khan and five others.

The court had issued a warrant of arrest against the couple, Lucien Sunter, Ronald Petrus Vlasman, Porting Access Ltd and Itecs Ltd.

Prosecutor James Warui objected to their release on bail, arguing the accused failed to appear in court last Thursday for plea taking when Mr Khan was charged and detained.

“I am not even aware that the accused person is a Member of Parliament for Kibwezi West and if he has to debate matters in Parliament, there are other MPs who can handle that,” said Mr Warui.

Issue warrants

He added that the court was forced to issue warrants against them and they might not appear in court if released.

This was after Mr Musimba's defence team asked the court to release the couple on personal bond pending bail determination on Thursday.

“The two are a couple and they have three children, including one who needs special care,” said defence lawyer Steven Kimathi.

He added that the lawmaker was expected to take part in a parliamentary debate on the 16 per cent value added tax imposed on petroleum products.

They were charged with conspiracy to defraud the bank by irregularly disbursing it to Porting Access Ltd and Itecs Ltd without following the payment process as stipulated under the finance policy of Chase Bank. The court heard that they committed the offence on diverse dates between January 23, 2015 and March 31, 2016, at the bank's head office in Nairobi.

Khan, who was charged on September 13, was released on a Sh10 million bond and two sureties of similar amount or a cash bail of Sh2 million to seek medical attention in the US.

In the ruling, Ms Onkwani said she considered the fact that he co-operated with the police and he had never absconded court in the other matters.

Heart surgery

Through lawyer Cecile Miller, Khan asked the court to allow him to travel to the United States for urgent heart surgery, which the court granted on condition that a surety undertook to present him in court whenever he was required.

Khan, Kabui, Mwenja and Agumbi are accused of laundering Sh740,442,687.20. The prosecution said they were aware the money formed part of crime proceeds on similar dates and place.

According to the charge sheet, they withdrew the cash from a Chase Bank internal account and facilitated its transfer to two accounts at Paramount Universal Bank.

Musimba, Mwende, Sunter, Vlasman and the two companies were charged with laundering Sh409,682,900 and withdrawing the money from a Chase Bank internal account and transferring it to an account at Kenya Commercial Bank.

The court directed the prosecution to give the position of Lucien Sunter and Petrus, who did not appear in court, on September 20, when the matter will be mentioned.

Musimba pleaded not guilty on behalf of Porting Access and Itecs companies.