The prosecution lodged an appeal against the reprieve ex-Chase bank boss Zarfulla Khan gained through his lawyer, Cecil Miller.
A bare-knuckled legal bout is in the offing, Octane, moreso, that the defence believes the prosecution goofed from the onset by charging Khan with unsubstantiated claims of conspiring to defraud the collapsed lending institution Ksh1.6 billion.
Miller had told the court not allow his client plead to the charges of conspiracy, money laundering…
He later asked the court to grant his client bail arguing there are no compelling reasons to deny Khan a legal right.
The court slapped Khan with Ksh60 million bond term, ordering that he presents two Kenyan sureties to deposit KSh30 million each, to secure his freedom from custody following a sensational arrest in Nairobi.
Unrelentingly, Miller appeared in court and fought for a reduction, reviewed downwards to freeing Khan on a Ksh2 million cash bail pending hearing and determination of the case.
In her ruling, magistrate Martha Mutuku upheld arguments by Khan’s lawyer, Cecil Miller seeking review of the bond terms.
“The accused is serious about seeking medical attention abroad and therefore not a flight risk. I, therefore, order that he be released on a cash bail of Ksh2 million,” she ruled.
The magistrate also ordered, a bond of Ksh10 million and two sureties to deposit Ksh2 million each to the court in the alternative.
Miller presented copies of documentation indicating Khan needed urgent medical attention.
It is this review that has formed the base of an appeal to be staged before a judge and Justicenow.co.ke will be following.
Profiled alongside Khan
Miller has since represented three managers of the collapsed bank who police profile alongside Khan.
Duncan Gichui, the former group managing director, James Mwenja, the general manager of credit and Makarios Agumbi, the finance general manager, appeared before Milimani senior principal magistrate Martha Mutuku and denied various counts of fraud.
Prior to processing
The magistrate ordered each of them to be released on Sh5 million bond with a surety of a similar amount with the alternative of Sh2 million bail following a successful application for lower terms by their lawyer Cecil Miller, “in view that the charges were different in seriousness of magnitude and amounts.”
“They took themselves to banking fraud prior to processing and honouring summons, thus not a flight risk,” Miller said.
Miller undertook to deposit the suspects passports in court and said he will be making formal requests in court for permission and occasional release “should they have to travel.”