A Nairobi court has allowed police to detain a manager with Equity Bank Kenya and a Wells Fargo company employee for 10 days to complete investigations into the theft of Sh 42 million.
Roba Diba Boru (branch operations manager at Equity Bank in Moyale) was on duty at the material time and is said to have been informed about the arrival of the money and Langat Kipngetich Nelson (cash counting officer at Wells Fargo) is said to have been assigned to escort the money.
The money was stolen immediately upon arrival at an airship in Moyale town by three armed men who got away using motorbikes.
Preliminary investigations reveale that the two were aware of the regulations and security standards to be governed to have directed the pilot not to land at ODDA airstrip at the time noting that no proper security measures had been put in place.
According to the investigators, there are compelling reasons to keep the suspects in custody as they continue with investigations.
The court heard that the two had been arrested by DCI Moyale and released but were later arrested by special crimes prevention unit and escorted to Nairobi upon fresh evidence indicating that they were linked to the disappearance of the money.
It was further submitted that investigations revolve around Moyale, Nairobi and neighbouring countries.
The investigators further said that if released at this point, the two will interfere with investigations and witnesses.
Their lawyers responded objected the application saying that the police had not indicated that they intend to call witnesses from either Equity or Wells Fargo therefore they can not interfere with witnesses.
In his ruling, Senior Principal Magistrate Bernard Ochoi said that it was not disputed the crime occurred.
He added that the police have a constitutional mandate to carry out investigations and decide what to do afterwards and therefore the court can not interfere with that right.
The magistrate ruled that he would allow the application to avoid interference with investigations. He however allowed the investigators 10 working days instead of 21 days sought.
The matter will be mention on 2nd October.
