Former Chase Bank chairman Zafrullah Khan is free again after a Nairobi court upheld submissions by lawyer Cecil Miller in a high octane court battle pitting some of the best legal minds and banking fraud detectives in the country.
Khan was charged alongside seven others who were not in court with conspiring to defraud Chase Bank which has been under receivership since April last year.
He spent two days in police custody, was granted release on June 29 2017 following a successful application by the veteran lawyer.
The former chairman denied five counts of fraud and theft.
The prosecution had temporarily floored the tycoon and went for his jugular as they wanted him to remain in custody until the case is heard and determined.
Miller maintained the prosecution took his client to court out of malice.
He asked the court to release Khan’s passport of 30 days to allow him access specialised medical treatment in the US.
The prosecution had failed to set aside an order issued by the High Court releasing Khan’s passport from the police.
Miller had submitted after the failure at the high court the DPP then rushed to court and prepared a charge sheet whose intent was to curtail travel.
The lawyer reminded court that Khan has traveled out of the country before and returned in the heat of investigations.
Miller said the charge sheet was “a reaction to Khan seeking his rights to travel out of Kenya on a medical emergency.”
Traveled and came back
He noted the former chairman’s passport was seized last April but on November 26, 2016 he was granted orders to travel on condition he would return.
“He has traveled and came back amid investigations…” the soft spoken lawyer submitted.
He further said the charges his client is facing in this case are not related to the two statements he was summoned to record at the height of investigations and charging him was an attempt to scuttle a high court order.