The DPP in a response to the suit filed by George Kithi, who is seeking court protection against his arrest and prosecution, notes that the lawyer engaged in professional negligence by passing forged documents as genuinely charged securities.
Mr Kithi in his application had claimed that his imminent prosecution over use of forged documents to secure the loan is illegal, irrational and made in bad faith, noting that the bank is using its connection with the first family to harass him and others.
The Director of Public Prosecutions (DPP) has asked a Nairobi lawyer accused of forging land documents to secure five loans worth Sh449 million from Commercial Bank of Africa (CBA) to stop dragging the first family into the dispute.
The DPP in a response to the suit filed by George Kithi, who is seeking court protection against his arrest and prosecution, notes that the lawyer engaged in professional negligence by passing forged documents as genuinely charged securities.
Mr Kithi in his application had claimed that his imminent prosecution over use of forged documents to secure the loan is illegal, irrational and made in bad faith, noting that the bank is using its connection with the first family to harass him and others.
“It’s not open for the applicant to point fingers at person’s or families legal entities, to with CBA Bank’s relations to the 1st family, as alleged by the applicant, whereas he acted negligently in his personal capacity as an advocate,” says the DPP.
The affidavit has been sworn by chief inspector Abdullahi Shuria, an investigating officer.
DPP says the evidence shows that Mr Kithi conspired with the borrowers to defraud the bank.
CBA denied allegations of influencing the outcome of the investigations, noting that the case has been under control of DPP and Directorate of Criminal Investigations (DCI).
The lender says only one of its employees, Stephen Warui, was directly linked to the fraud and has since been sacked.
Mr Warui, who was a relationship manager at the CBA when the crime was committed, is also named in the list of high-profile suspects that includes senior State counsel Edna Khaemba and lawyer Gladys Mboya.
The DCI wants the suspects charged with conspiracy to defraud, obtaining credit by false pretence, forgery of documents of title and uttering false documents.
All the companies that borrowed the cash belong to one family of mother, father, daughter and sons.
They are Patrick Kangethe, Edward Kangethe, George Kangethe, Margaret Kangethe, and Gladys Kangethe, the owners of companies and among the wanted list.
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