- A bench of three judges agreed with Anne Kajuju that the trial cannot be restarted, having been dismissed because KCB did not take legal action.
- High Court Judge David Majanja dismissed the case in February last year after the lender failed to file a lawsuit for more than a decade.
KCB Group #ticker: KCB received a heavy blow from the Court of Appeal after rejecting an offer from the lender to revive a fraud case involving its former operations manager accused of embezzling more than 70 million shillings.
A bench of three judges agreed with Anne Kajuju that the trial cannot be restarted, having been dismissed because KCB did not take legal action.
“In light of the above threshold, we consider that the applicant’s request before the court of first instance for the resumption of the action dismissed for lack of prosecution having been dismissed on the merits, there is nothing that can be suspended by this Court, ”Justices Roselyn Nambuye, Patrick Kiage and Sankale ole Kantai declared.
High Court Judge David Majanja dismissed the case in February last year after the lender failed to file a lawsuit for more than a decade.
Ms. Kajuju is said to have been the mastermind of a scheme where 73 million shillings were paid with stolen checks from the bank.
She was employed by the lender as an operations manager at the bank’s Prestige Plaza branch on Ngong Road, Nairobi.
She was accused of having, on various dates between November 3, 2008 and March 4, 2009, fraudulently and without authorization signed various bank checks in her custody for varying amounts payable to several people, including her three children, her husband, sister and the best man at her wedding.
In 2010, Chief Justice Martha Koome, then a High Court judge, froze several accounts belonging to the suspects, pending the hearing and decision of the case.
At one point, the court recommended mediation which did not take off because a mediator was never appointed. Subsequently, no action took place until Ms. Kajuju and Charles Magondu filed a request for non-suit.
Ms Kajuju asked the court to dismiss the case, arguing that the bank had taken no active steps to prosecute and that failure to prosecute would undermine her right to a fair trial.
The judge said that although the lender criticized the court for failing to take steps to mediate after the case was mentioned in March 2017, KCB took no action to investigate the mediation or initiate proceedings.