Court orders bank to give records in banking fraud case

A magistrate court has directed an investigator to obtain all documents from a bank that is being investigated for banking fraud. 

Milimani senior principal magistrate Bernard Ochoi on Thursday, gave the directions after a representative from the bank told court they were ready to serve the required records by the investigator Caroline Omwoyo.

This is after banking fraud investigation unit filed an application in April seeking the court to issue a warrant to investigate bank account(s), and investigate books of an account domiciled at the bank.

 The investigating officer also sought to inspect/investigate, obtain information and demand to be supplied with and carry away as exhibits.

Omwoyo also wanted an order for the bank official(s) to record statements regarding the account and the disputed entries therein.

"Court be pleased to issue an order compelling the manager, the respondent herein, to nominate authorised person to make and hand over a certificate of production of electronic evidence Certified Copies generated electronically," the court was told. 

Subsequently, orders compelling the bank to provide the said documents and information were issued on April 17, 2024, however, the bank management allegedly failed to adhere to the orders.

The bank would later respond via email on April 29 saying the requested documents were not in their custody.

When the case came up on Thursday,  the prosecution had sought to have the head of legal at the bank held in contempt for not honoring to the orders issued by the court.

The bank however responded that they had the documents. 

The case will be mentioned on June 24 to confirm compliance of documents received from the bank.