Commercial Bank of Africa's Kirinyaga Road branch in Nairobi. FILE PHOTO | NMG
Summary
- George Kithi says his imminent prosecution in court over the validity of the titles that were used 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.
- Mr Kithi and his law firm of Kithi & Company Advocates are among 17 individuals and companies that the Directorate of Criminal Investigations (DCI) wants prosecuted over grand forgery to secure five loans worth Sh449 million from the CBA.
A top Nairobi lawyer who was named among suspects who forged
land documents to secure five loans worth Sh449 million from Commercial
Bank of Africa has moved to the High Court seeking to forestall his
arrest and prosecution.
George Kithi says his imminent
prosecution in court over the validity of the titles that were used 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.
Mr Kithi and his law firm of Kithi
& Company Advocates are among 17 individuals and companies that the
Directorate of Criminal Investigations (DCI) wants prosecuted over grand
forgery to secure five loans worth Sh449 million from the CBA.
“The
imminent investigations, arrest and arraignment over the legality or
otherwise of titles and or/legal charges created over properties…in
disputes…is unreasonable, illegal, irrational, improper,
disproportionate, and in bad faith," he said.
The DCI wants the suspects charged with conspiracy to defraud,
obtaining credit by false pretence, forgery of documents of title and
uttering false documents.
Stephen Warui, who was a
relationship manager at the CBA when the crime was committed, is also
named in the list of high-profile suspects.
Others who are implicated are Edna Khaemba, a senior State counsel and lawyer Gladys Mboya.
But
Mr Kithi has sought to absolve himself of any blame noting that after
receiving the land titles from its client the CBA, his firm he says did
due diligence at the land registry. The CBA retained his law firm to
register security documents including charges, mortgages and deed of
rental assignment.
He says that his firm handled three
transactions which are at the centre of the dispute. Mr Kithi argues
that in all cases he received instructions to do due diligence and
register the documents as security at the land registry.
The
lawyer says of all the three transactions, two loans of Sh260 million
and a third one whose value he has not revealed was handled by a clerk
at his law firm who has since left the firm.
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.
But on his part,
he claims the law firm was legally discharged when it completed the
transactions and handed over the documents to the bank.
He
further notes that at some point the borrowers admitted having colluded
with some bank employees and land registry to perpetuate fraud and
No comments :
Post a Comment