Court rejects plea to detain ex-Chase bank boss
A court has upheld submissions by veteran criminal lawyer Cecil Miller and released former chairman of the troubled Chase Bank Mohammed Zarfullah Khan on a cash bail of Sh2million in a new case of money laundering.
The court freed him after it rejected an application to deny him bail on grounds that he is likely to abscond trial.
"He has been previously released on bond in two cases and did not abscond," the trial magistrate Hellen Onkwani ruled, echoing the suspects lawyer, Cecil Miller's submissions.
Khan has been allowed to travel to the US to receive medical attention.
The magistrate directed that a close relative makes an undertaking in court to present him as and when required.
Miller had read mischief in what he submitted was a tactical maneuver by the state to charge Khan and oppose his release on bond when he was due to seek further medical attention abroad.
The prosecution said it was apprehensive he may not return for proceedings in the face of three cases facing him out of alleged fraudulent transactions at Chase Bank.
Khan has denied four counts of conspiracy to defraud, stealing and money laundering.
Miller secured Khan’s release after spending four days in police custody.
He had told the trial court that Khan is a heart patient and was scheduled to fly to the United States for a third heart surgery.
“Police signed the charge sheet in a malicious move to bar Mr Khan from traveling to America for a third heart surgery. He has had two successful heart operations before and had been booked to attend a third one this September 2018,” Miller submitted and successfully gunned for the release of Khan on a cash bail of Ksh 2 million.
“Mr Khan is not a flight risk. He had been allowed to travel to America for a heart surgery twice and returned his passport to the court as directed,” Miller had submitted.
True to his undertaking, he also presented three other former Chase bank managers in court whose bond terms will be determined on September 20 2018.
The case has also roped in Kibwezi West Mp Patrick Musimba and his wife, and their companies, Porting Access Limited and Itecs Limited.
They have been locked up at the Kileleshwa police station pending a ruling on their bail terms.