It was a nonstop ride for former Chase Bank chairman Mohammed Zafrullah Khan after he was charged on June 28 2017 in a Nairobi court  with conspiring to defraud the bank of KSh1.7 billion and the prosecution could not relax its stance, seeking  to block his release from custody pending the hearing and determination of the case.

Not even the application on medical grounds which  see many a suspect(s) released on bail before, would deter a combined determined force that has been accused of being hellbent on  “punishing” the tycoon long before he is heard.

The tycoon spent as second night at a police station cooler, Kileleshwa, as we published this post.

Other files under investigation

They now want him detained further on grounds that he is a subject of other files under investigation one of which involves Ksh 6.9 billion, Ksh3 billion and Ksh600 million respectively.

The case is keenly being monitored by detectives from the DCI.

“We have accomplices who are yet to be arrested…these are monies that involved depositors…” lead prosecutor  Mungai Warui pulled out in an all day battle of legal minds pitting him against Zafrullah’s defence team led by lawyer Cecil Miller,  a veteran of criminal law.

They could have stood out forever were it not for time that forced an adjournment at 5.00pm to allow the magistrate to retire and  write her ruling.

Multiple charges

Zafrullah has denied multiple  charges  of intent to defraud stating that between August 28 2009 and March 3 2016 at  Chase bank headquarters in Nairobi jointly conspired with intent to defraud Chase Bank  Limited   by means of falsely pretending that the disbursement  of ksh 1,683,000,000 effected from Internal Account of Chase bank limited to the accounts of Camelia Azure limited and  Cleopatra Holdings,  Golden Azure limited and Calmbrook holdings limited  were genuine loan facilities to the entities and were disbursed in the ordinary course of Loan process flow.

The former Chase Bank boss also faced an alternative charge of failing to report suspicious transactions.

Other charges relate to  stealing from Chase Bank and  failing to comply with provisions of the Proceeds of Crime and Anti-Money Laundering Act.

He denied all the charges.

Reaction to high court order

The chairman faces charges alongside  Duncan Kabui Gichu, James Mwaura and others who are yet to surrender to BFID.

“The banking fraud has been involved in investigations of offences of stealing, money laundering…” the prosecutor said.

Cecil Miller (left) and Mohamed Zafrullah Khan in court

Miller maintained that the application was a further reaction to high court orders that had freed Zafrullah allowing the release of his passport for 30 days to travel to the US for urgent medical attention.

The prosecution said the conditions had now changed and Zafrullah had become a guest of the state who may not return to the country if  granted bond.

“The denial of bail is a veiled attempt to punish the accused person, the application to deny bail is a further reaction to the high court order and an attempt to complicate the situation,” Miller submitted saying the suspect remained innocent till proven guilty.