Four former Kenya Airways managers have been charged afresh with stealing Sh521.9 million from the national carrier eight years ago.
The managers — Jackson Kiruti Njiiri, Elias Kyalo Ngao and Elijah Itegi Githinji and Grace Wamuyu Mathenge — were charged after the Director of Public Prosecutions withdrew charges against their colleague Jane Wanjiru Kiboi.
The court also declined a request to defer their plea until determination of a constitutional petition filed at the High Court. In a ruling delivered Tuesday by before Milimani Senior Principal Magistrate Robison Ondieki, the court agreed with the state that the accused persons did not have any order suspending their prosecution to warrant postponement of plea taking.
The four accused persons faced seven counts related to conspiracy to steal, forgery and money laundering.
They were charged alongside former Dubai Bank Chairman Hassan Ahmed Zubeidi, who did not answer the charges because his lawyer was absent.
Dubai Bank chairman Hassan Zubeidi in court on July 17, 2014. PHOTO | PAUL WAWERU
Conspiracy to steal
In the first count, the accused persons were jointly charged with conspiracy to steal Sh521,939,870 from Kenya Airways. They allegedly committed the offence between 2013 and 2015 at Dubai Bank, which was put under liquidation.
The Central Bank of Kenya placed the bank under a receiver in August 2015 after the lender started experiencing capital deficiencies, which raised concerns that it was unlikely to meet its financial obligations.
Mr Githinji and Ms Wamuyu are further accused of stealing Sh13.5 million at Dubai Bank, Eastleigh branch, an offence they allegedly committed between February 11 and January 13, 2015.
On the third count, Mr Githinji was charged with stealing Sh2.5 million at the bank’s Nakuru branch.
He was further charged with two counts of forgery. The court heard that he forged a Citibank advice report for Sh21.9 million and another Sh13.5 million.
Ms Wamuyu was alone charged with stealing Sh8.5 million at Dubai Bank’s Eastleigh branch, between April 13 and May 27, 2015.
All the suspects are also accused of engaging in money laundering contrary to the Proceeds of Crime and Money Laundering Act, leading to the loss of the funds at KQ.
The prosecution has lined up four witnesses among them former Kenya Airways CEO Mbuvi Ngunze.
The fraud was first revealed by a whistleblower in July 2015 when a bank guarantee for the supply of fuel to the national carrier was found to be non-existent.
The court ordered each of the accused persons be released on their earlier bail terms of Sh2 million or alternative cash of Sh300,000 to secure their release.
Magistrate Ondieki, however, ordered Mr Zubeidi to appear in court on March 15 to answer to the charges before the hearing of the case on April 27,2023.
