The case of a missing Equity Bank manager, alleged to have stolen over Sh 1.6 billion, took a new twist yesterday as his lawyers filed a habeas corpus application in the High Court.
Lawyers Ndegwa Njiru and Alex Gatundu requested the court to issue orders for the suspect, David Machiri Kimani, to be produced in court. Kimani, who was released on a Sh 500,000 bond, was scheduled to appear in court last Thursday for a mention to confirm compliance but failed to do so.
During the hearing before Milimani Senior Principal Magistrate Geoffrey Onsarigo, Lawyer Njiru claimed that Kimani had been abducted by the police and sought the court’s intervention to have him produced. However, the State Prosecutor denied the abduction allegations, stating that the accused had simply failed to comply with the court’s orders.
Onsarigo directed the defence to proceed to the high court to ask for their prayers of herbeous corpus.
Investigating officer, Police Inspector Boniface Mwangi told the court that since the release of the suspect on bond, he appeared to him in two occasions and he has never seen him again.
Kimani is being investigated for offences of money laundering and stealing.
He is suspected of having fraudulently debited Sh 1,545,887140.49, leading to economic sabotage of Equity Bank of Kenya Limited.
“Your Honour the submissions by the defence claiming that the suspect was abducted by police are just mere allegations and should be objected by the court,” the prosecutor told the court.
The ruling on the issue of whether a warrant of arrest against the suspect or an order of herbeous corpus as prayed by the defence was to be delivered on Friday last week.
The suspect did not appear in court on Friday and the magistrate directed that the miscellaneous application remain open and declined to give orders sought by the defence,
“I have considered the submissions by the defence and the prosecution. I notice that the suspect is not present in court. The claims by the defence are not supported with proof and I hereby declare the miscellaneous file to remain open,” said the magistrate.
Magistrate Geoffrey Onsarigo directed the defense to approach the High Court to seek their habeas corpus request.
Investigating Officer, Police Inspector Boniface Mwangi, informed the court that since the suspect, David Machiri Kimani, was released on bond, he had only appeared before him twice and has not been seen since. Kimani is under investigation for charges of money laundering and theft. He is accused of fraudulently debiting Sh 1,545,887,140.49, resulting in significant economic harm to Equity Bank of Kenya Limited.
