Court declines to order the production of formekimani, who is being held over 1.5 b Shillings.
Milimani court has declined to order the pro former equity bank manager David Machani Kimani, who is being investigated over ksh 1.5b alleged to have swindled from the bank.
The presiding magistrate Geoffrey Onsarigo said in his ruling that the magistrate court lacks jurisdiction to issue production orders over suspects held by police and undergoing investigations.
He said the jurisdiction is vested upon the superior court and the appellate court and not the magistrate court.
Kimani, through his lawyers haron ndubi, Ndegwa Njiru, and Dr Paul Gitau, had applied to have their client produced in court by the police as his where abouts is not known and further is being held in comminicado.
The defence lawyers have submitted to the court that their client was arrested on 12th August 2024 by a group of police who stormed at his residence and took him away to an unknown destination.
It took the incentive of his wife, Susan wariga, to make a report at kikuyu police station over abduction of her husband.
The defence counsels told the court that the trial magistrate did issue a custodial order for police to hold their client pending the investigation over the loss of the collosal, some of the money.
However, the court went further and gave kimani a cash bail of ksh 500,000 and ordered him to be reporting to the office of the DCI twice a week.
The custodial orders expired on 15th August 2024 and kimani was supposed to be reproduced in court so that the investigations officers can inform the court the progress of the investigations, the same was not complied with as required by the law.
The defence counsels told the court that officers from DCI should be held in contempt of court. The trial magistrate directed the defence to file a formal application for contempt.
