Couple sues bank over theft of Sh450,000

What you need to know:

  • The money, they said, was fraudulently withdrawn from their accounts on diverse dates between April and June 2011 by unknown persons through the ATM at a time when one spouse was away in Switzerland.
  • Their demand for the Sh450,000, they say, was met with accusations that they had failed to safeguard their ATM and PIN.
  • During the hearing before a Kwale court, lawyer Brenda Muthee accused the bank of being uncooperative as they failed to supply police with CCTV footage to obtain pictures of the people who allegedly made the withdrawals at different points.

A retired Swiss couple has sued a local commercial bank following the disappearance of their money.

Mr Lothar Werner and his wife Laura Lotiko claim that Imperial Bank, Diani branch, colluded with insiders to steal their Sh450,000 held in a joint account.

The money, they said, was fraudulently withdrawn from their accounts on diverse dates between April and June 2011 by unknown persons through the ATM at a time when one spouse was away in Switzerland.

Mr Werner said that although his wife is the ATM holder, she has never used it and that he only used it twice to withdraw the money.

He said he noticed the theft upon his return to the country and immediately raised a complaint with the bank and made a report to the police.

However, he claims no action was taken by the bank, which failed to supply statements.

Their demand for the Sh450,000, they say, was met with accusations that they had failed to safeguard their ATM and PIN.

The bank also claimed that the plaintiffs reported the matter three months after the theft, an allegation they deny.

Mr Werner says the money was stolen when they had the ATM in their custody.

During the hearing before a Kwale court, lawyer Brenda Muthee accused the bank of being uncooperative as they failed to supply police with CCTV footage to obtain pictures of the people who allegedly made the withdrawals at different points.

Hearing will continue on January 7 next year.