Court has reviewed the bond terms of a Stanbic bank employee and his co-accused who are charged with stealing a Sh 5.3 million car.
George Ndeti Kikuvi and Cliff Nyamohanga Nyambati appeared before Senior Principal Magistrate Bernard Ochoi for a mention of their case.
Nyambati is an executive banker at Stanbic.
The accused persons pleaded not guilty to the charges.
The plea court directed the case to be mentioned before SPM Ochoi for review. This was after the prosecution opposed their release on bail.
They denied the charges before Chief Magistrate Susan Shitubi who gave them a surety bond of Sh 1 million.
The two were not given without the option of a cash bail.
However, the court directed that the bond was to be processed only after the complainant testified.
This is because the court heard that the accused persons had threatened the complainant.
They are accused of threatening him to drop the case.
The court heard that the two threatened him in the presence of his wife and children.
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The defence lawyers told SPM Ochoi to review the earlier terms and grant their clients an option of a cash bail.
The court heard that the two have been in custody since 15th February 2022.
The lawyers prayed that their clients be allowed to process their bond.
“They can be given conditions including not getting in touch with the complainant,” the layers added.
The defence requested the court to summon the complainant to give his testimony as soon as possible. They suggested latest Monday.
Nyambati may be fired by Stanbic
The court heard that Nyambati, the Stanbic bank executive banker may lose his job if he continues to stay in custody.
“We are extremely concerned that if he stays out of work for another four days, the provisions of section 44 of the employment act may kick in and he may be out of work,” the defence submitted.
Losing a job at this time is one of the extremists you would not wish on anyone.
The prosecution opposed the oral application by the defence on grounds that the matter was coming up for a mention and directions and not hearing application for review.
The court heard that the prosecution had not been furnished with the said ruling and therefore not in a position to respond appropriately.
According to the prosecution, the ruling of CM Shitubi was informed by an affidavit in opposition to bond by the investigating officer.
“Pursuant to that affidavit the court saw it wise to give the conditions it did to the accused,” the prosecutor said.
In addition, the prosecution stated that the defence should have put a formal application for review.
“A formal application should be put in so that it can be responded to by the state and complainant,” the prosecution added.
The court heard that in the interest of justice, it will be fair to accord the state a formal application. The prosecution noted that they also did a formal affidavit.
“It will be prejudicial at this point to make an oral application without the views of the investigating officer, whose views led to the ruling before this court,” the state submitted.
Directions
SPM Ochoi ruled that “upon considering submissions and for the interest of justice,the court will comply with orders given by the Chief Magistrate.
However, taking into account the submissions by the counsels, he allowed review of the bond. He gave them an alternative cash bail of Sh 1 million.
The bail will be processed after testimony of the complainant.
“The documents be supplied to the defence counsels this afternoon, in particular the statements of the complainant who shall give his testimony on Monday,” SPM Ochoi ruled.
The Magistrate also warned the accused persons against threatening the complainant. In the event they do, the court will not hesitate to cancel the bond terms.
Kikuvi and the banker are accused of conspiring to steal a Toyota Hiace valued at Sh 5.3 million from Farice Boyi.
They are alleged to have committed the offence between 2nd February and 20th August 2021 at an unknown place. The court heard they committed the offence jointly with others not before the court.
The two are also charged with stealing the said vehicle from Boyi on the same dates.
The complainant met Nyambati at the Stanbic Bank branch where he works.
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