The prosecution is apprehensive that ex-Chase bank boss Zafrullah Khan who is facing a Ksh7 billion fraud case may not come back to Kenya if allowed to travel to the US, a thing his defence team finds premature, frivolous, vexatious and unfounded.
“The request for the accused to be denied travel is premature… the court granted him permission to travel when he was first granted bail but he has never left the country, he is therefore not a flight risk,” Peter Wena of Miller and Advocates, acting for Khan, told judge Luka Kimaru.
A trial court is set to make a ruling on the application for the revision of ex-Chase Bank boss Mohammed Zafrulla Khan’s bail terms, particularly on the release of his passport to enable him travel to the US for treatment.
The prosecution is seeking to have the bail terms for Khan revised and his passport repossessed by the court.
Seeking medical attention
Prosecuting counsel James Mungai Warui argues that Khan might not travel back to Kenya to face the criminal trial against him in case he flies out to the United States to reunite with his family.
Khan has been out on a cash bail of Ksh2million after his lawyer Cecil Miller fought unrelentingly to have a Ksh60million bond term reviewed downwards.
Khan’s defence told the court that he is not a flight risk as the prosecution avers.
“It is not lost that Khan even after the release of his passport when the bond terms were reviewed is still in the country…” the lawyer said.
A magistrate had ordered that Khan be released on bail as he was serious about seeking medical attention abroad.
“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 Ksh2million,” magistrate Martha Mutuku said in her ruling while reversing earlier stringent bond terms.
Denied the charges
Khan is facing various counts of fraud at Chase bank together with Duncan Gichui (former group managing director), James Mwenja (general manager of credit) and Makarios Agumbi (finance general manager). They had denied the charges.