Kenya’s top lender by assets, KCB has yet again lost its legal battle in a bid to reopen the decade-long fraud case against its former operations manager accused by the lender of defrauding money to the tune of sh.70 million.
The bank wanted Justice David Majanja to review, vary or set aside his ruling dated February 7, 2020, after the lender failed to prosecute the suit in a decade. The lender also sought reinstatement of interim orders issued in 2010 freezing accounts and restraining the former manager, Anne Kajuju with 24 others, from transferring or dealing with properties acquired as a result of the alleged fraudulent conduct.
However, Justice Majanja declined to grant the requests saying the bank, being the claimant, was afforded the right to a fair hearing and it bore a greater responsibility to ensure that it took steps to prosecute the suit.
“That fact that the suit was based on the fraud of Sh70 million clearly buttressed that responsibility on the plaintiff and its counsel and thus the nature of the case cannot be a ground to excuse tardiness,” said the justice Majanja.
The judge ruled that by applying for reinstatement of the case, the bank was calling on the court to review the exercise of the discretion in dismissing the suit. The court discovered that the bank had without probable cause delayed the trial of the case that was filed 11 years ago in 2009.
The alleged mastermind, Ms. Anne Kajuju in the grand scheme in which Sh73 million was paid out through cheques stolen from the bank. Ms Kajuju was accused that on diverse dates between November 3, 2008 and March 4, 2009, she fraudulently and without authority, signed various bankers’ cheques which were in her custody for varying amounts payable to several persons, among them her three children, husband, sister and her wedding’s best man.
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