The office of the DPP has been accused of delaying a case where five senior officials of troubled Imperial Bank are charged with conspiring to defraud the financial institution Sh29 billion.
Naeem Shah, James Kaburu, Nashir Jessa, Zulfikar Jessa and Nargis Jessa complained to trial magistrate Joyce Gandani that the prosecution has failed to supply them with all copies of witness statements.
They said other documents to be used as evidence in the case have not been provided despite court orders requesting the same.
The defence team protested that the prosecution is taking too long to supply them with the said documents that will allow the case proceed to hearing.
Gandani, in her ruling on Thursday, gave the prosecution until October 26 to supply the defence with the required documents before setting the dates for hearing the matter.
This followed a request by Victor Mule, the senior state counsel prosecuting the case, that the prosecution be give more time since the documents are bulky.
Prosecution have listed four witnesses, including two Imperial Bank managers Anil Shah (head of internal audit) and Ikua Gacheche (head of human resource).
Peter Gatere, who served as receiver manager of Imperial Bank and Banking Fraud Investigations Unit deputy head Bruno Isohi Shioso are all lined up as witnesses against the suspects.
Imperial Bank’s head of credit, Shah, chief finance officer Kaburu and three directors of W.E. Tilley Limited- the Nairobi-based fishmonger that confessed to receiving a third of the looted cash - have since denied the five counts of theft preferred against them and are all out on cash bail of Sh3 million.
All the accused are facing charges of theft of Sh29 billion from Imperial Bank on diverse dates between January 1, 2006 and September 15, 2015 or more than 80 per cent of the Sh34 billion that the bank’s former chief executive, Abdulmalek Janmohamed, is said to have stolen in 10 years.
Nashir Haiderali, the majority owner of W.E. Tilley (with 99 per cent stake), and fellow directors, Zulfikar Haiderali Jessa and Nargis Aziz Jessa alone were charged with conspiracy to defraud, engaging in an organized criminal activity, fraudulent accounting, theft and money laundering.
Janmohamed, the long-serving Imperial Bank’s managing director, is accused of fraudulently transferring Sh34 billion from the bank to his companies and bank accounts between 2002 to September 15, 2015 when he died.
The accused were charged after the bank was placed under receivership by the Central Bank governor in October last year.