Ex-KCB cashier cleared in Sh61m theft case that failed to take off

A former Kenya Commercial Bank (KCB) employee has been cleared of a Sh61 million theft charge after the hearing of his case failed to take off for three years.

Resident Magistrate Pamela Mugure acquitted ex-KCB bulk cashier Timothy Yatich Rotich after prosecutors failed to tender any evidence against him and three others accused of defrauding the lender of Sh61million.

Mrs Mugure ruled that the prosecutor had delayed the matter for three years without basis by postponing scheduled hearings. She added that the accused persons had attended all court sessions, and have always been ready to proceed.

“The prosecution has not been ready to proceed with the case. The prosecution has not tendered any evidence to support the charges against the four accused persons. I shall therefore acquit each of the accused persons. The four accused shall be set free forthwith unless otherwise lawfully held,” Mrs Mugure ruled.

Mr Rotich had in 2012 been charged alongside George Gitau Kinuthia, Ernest Odhiambo Ombara and Jemimah Mashenua Kuluo. The four were accused of colluding to steal the money from KCB’s Rongai branch.

He is said to have used telegraphic transfers to wire the money to five different accounts.

The police also arrested another man, Francis Njuguna, in connection with the alleged fraud after he attempted to withdraw Sh7 million from a KCB branch in Limuru. The money was allegedly wired into his account by Mr Yatich.

It’s not clear whether the bank lost any money in the attempted fraud.

The case against Mr Yatich was adjourned six times between August 2012 and June 2015. Prosecutors told the court in June last year that they had bonded three witnesses but only one showed up. None of the witnesses has however taken to the stand.

Mrs Mugure faulted the prosecution’s handling of the matter. “I find no basis for having a matter pending in court for over three years and not a single witness has taken to the witness stand.” Mrs Mugure added.