Judge rejects application to release Sh2bn ‘fake’ dollars
What you need to know:
He had accused the Director of Criminal Investigations (DCI) of illegally holding the money that forms part of the criminal case.
He said the safe box at the bank where the cash was stored contained genuine US dollars as supported by the signed inventory.
A High Court judge has rejected an application by a businessman seeking the release of Sh2 billion in alleged fake US dollars seized at Barclays Bank, Queensway Branch in Nairobi.
Mr Eric Otieno Adede, the prime suspect in a criminal case of conspiring to defraud a businessman, Mr Muriithi Materi Mbuthia of Sh20 million, wanted the $20 million produced in court, saying it was genuine.
ABUSE POWER
He had accused the Director of Criminal Investigations (DCI) of illegally holding the money that forms part of the criminal case. He said the safe box at the bank where the cash was stored contained genuine US dollars as supported by the signed inventory.
Mr Adede moved to the Constitutional and Judicial Review Court seeking orders to compel the DCI to produce the safe box before the court and hand over the contents.
He also accused the Director of Public Prosecutions (DPP) of acting beyond his powers in refusing to release the hard currency to him and insisted the money had been tampered with.
However, the DCI said the report from the DPP’s documents examiner and a United States Secret Service Investigative specialist stated that the US dollars were found to be counterfeit.
In his ruling, Justice John Mativo said there was nothing to suggest that the DPP or DCI acted carelessly, maliciously or abused their powers.
LACKED MERIT
“Mr Adede has not demonstrated that there was no factual basis to justify the seizure of the exhibits. There is nothing to show that the exhibits do not form part of the prosecution evidence,” stated the judge.
The judge further observed that it was not the function of the judicial review to weigh the veracity or the evidence or to assess which exhibits were relevant to the prosecution case.
“That would amount to this court descending into the arena of the trial court,” said the judge.
Consequently, the judge ruled that Mr Adede failed to establish any grounds for the court to grant the judicial review orders. He said the allegations raised by the businessman were matters to be dealt with by the trial court hearing the case.
In dismissing the application, the judge said it did not meet the threshold to warrant the orders sought. He also noted the applicant’s Notice of Motion lacked merit both in law and in substance.
DEFRAUD BUSINESSMAN
Mr Adede, a lawyer and an international consultant, was arrested on March 20 alongside Mr Mohamed Azaz alias Ahmed Shah, Ms Elizabeth Muthoni and Ms Irene Wairimu.
On March 27, the four were charged with conspiring to defraud businessman Muriithi Materi Mbuthia while pretending to be investors.
Mr Adede faced another count of being in possession of $20 million in fake dollars. He is out on a Sh1 million cash bail while his co-accused secured freedom after depositing Sh200,000 each with the court.
