Dubai Bank bosses to be charged afresh, says DPP

Mr Abdul Hafedh Zubeidi and Prof Wilson Hassan Nandwa at Milimani Court in Nairobi on January 27, 2016. They have been accused of stealing over Sh12 million from Dubai Bank’s Moi Avenue branch in Nairobi between January 10,2014 and September 1,2014.PHOTO |
EVANS HABIL | NATION

What you need to know:

  • Prosecutor told trial court the initial charge which the directors challenged late last year was defective.
  • The fresh charges also include two other directors, Mr Butaa Binay and Mr Deeraj Kumar Baghel, who have pending warrants of arrest.

  • The bank’s chiefs protested against the decision, accusing the Director of Public Prosecutions of  ulterior motives in the matter.

Directors of the troubled Dubai Bank will be charged afresh over alleged money laundering.

Prosecutor James Warui on Wednesday told trial court the initial charge which the directors challenged late last year was defective as he sought to file fresh charges against Mr Abdul Hafedh Zubeidi, Mr Ali Bashir Sheikh and Prof Wilson Hassan Nandwa.

The fresh charges also include two other directors, Mr Butaa Binay and Mr Deeraj Kumar Baghel, who have pending warrants of arrest.

However, the bank’s chiefs protested against the decision, accusing the Director of Public Prosecutions of  ulterior motives in the matter.

Through lawyer Elivis Majani, they raised a preliminary objection to the new charge against them.

“Though the prosecution admits  the previous charge sheet was defective, the DPP’s action has injured our clients, caused them distress and damaged their reputation,” Mr Majani said.

He said the directors were dragged to court on a defective charge that impacted negatively on their financial and business activities.

However, Mr Warui clarified that the mistake was inadvertent. He noted the Constitution empowers the court to admit a fresh charge sheet before  conclusion of a trial.

The defence however asked for time to comprehend the new charges before the new case proceeds.

“There is malice in the whole process, the idea is to keep our clients in court and frustrate their business,” the lawyer said in his preliminary objection.

A ruling on whether the directors, who had earlier they had been charged with the theft of Sh12 million from Dubai Bank, can answer to the new charges will be made on February 4.

Mr Binay and  Mr Baghel are accused of stealing Sh12,639,006 between April 28, 2014 and September 14 2014.