Ruling on Cecil Miller's objection in Ksh1.6 billion Chase bank fraud case deferred

A ruling in a case in which Cecil Milller is opposing the prosecution of  the suspects police linked with fraud at Chase Bank has been deferred to May 15 2018.

Miller told a trial court in Nairobi that one of his clients was unwell and had been advised to take bed rest.

He presented medical documents for Mr Mohammed Khan who has been accused of stealing Sh58 million from the bank.

Miller had lodged an objection against Khan's prosecution alongside his wife Wagner and former managers Duncan Kabui Gichui, James Mwenja, and Makarios Agumbi.

The bank's  ex-chairman Zarfullah Khan has since been charged with fraud and is out on bond. 

Miller in his submissions awaiting determination on May 15 told  the trial court that the DPP erroneously charged the suspects, more-so, the couple who in actual sense he says "borrowed the money to buy a property whose title was deposited as security against the loan."

The veteran lawyer has lodged double pronged approach to the case, with a preliminary objection pending determination at the lower court and constitutional reference at the high court to be determined in April.

Miller has submitted on these two occasions that  the suspects "have been paying back the loan as any other customer…"

"This facility was already being paid before the bank collapsed, and they have continued paying after the collapse, furthermore  they have been in communication with the bank on the loan status, and I submit that these were not stolen funds but a loan facility,” Miller charged.

The prosecution did not object to Miller's request to defer the ruling on the strength of the medical document produced in court.

"I have had an opportunity to see the document which the learned counsel shared with me," prosecutor James Warui said.

The parties agreed to meet in court again on May 15 2018.