A court on Wednesday, September 11, 2024, ordered police to conduct a public inquiry into how two domestic workers allegedly stole over Sh30.7 million from the bank account of their elderly, now-deceased employer.
Milimani Senior Principal Magistrate Ben Mark Ekhubi directed the Banking Fraud Investigation Unit (BFIU) of the Central Bank of Kenya (CBK) to carry out an elaborate exercise to establish how the money exited the Absa Bank Account of Joseph Barage Wanjui, now deceased.
Mr Ekhubi gave the police three months to complete the exercise, which will involve travelling to various Kenyan cities and towns to record statements from intended witnesses and view CCTV camera footage from petrol stations where Mzee Wanjui's credit card was allegedly used to withdraw money from his Absa Bank account.
Mr Ekhubi closed the miscellaneous file after being told by the police that they had not completed their investigations and needed more time to establish how Felistas Nyambura and James Wachira used their employer's credit card to allegedly access money from their late employer's bank account.
“The five days you had granted us last week were not enough to complete the investigations as we need to travel widely to record statements from witnesses in Mombasa, Meru, Nakuru, and Nanyuki amongst other places,” Corporal Michael Wandera told Mr Ekhubi while applying for more time to complete the alleged cash theft probe.
CPL Wandera also told the magistrate that his team of investigators would read through many documents from Absa Bank Kenya to investigate the movement of money and the beneficiaries.
State Prosecutor Virginia Kariuki urged the magistrate to indulge the police and grant their request so that justice could be done.
“Having heard the prosecution and the police investigating this complex matter I allow the application by the police to conduct a public inquiry,” Mr Ekhubi ruled.
Nyambura and Wachira were remanded by Ekhubi on September 12, 2014, to allow police to complete investigations in what he termed as “a complex matter.”
Ekhubi said the alleged card fraud was allegedly orchestrated over a two-year period between 2022 and 2024.
He noted that investigations will extend to Meru, Mombasa, Nakuru and Nairobi.
Nyambura and Wachira are accused of allegedly stealing Sh30,706,000 from the bank account of the late Joseph Barage Wanjui over a period of two years between 2022 and 2024.
“Nyambura and Wachira have worked for the couple for 21 years,” Ms Kariuki told Ekhubi while urging the two suspects to be detained for 14 days.
Ms Kariuki told the court that the alleged loss of millions was discovered by police officers attached to the Central Bank of Kenya's (CBK) Banking Fraud Investigations Unit (BFIU) on September 3, 2024, following a report of an illegal withdrawal from the couple's account at Absa Bank of Kenya PLC.
Mzee Wanjui's wife informed her daughter Joyce Ann Muthoni Wanjui of the arrest of their domestic worker (nyambura) and family driver (wachira) for stealing Sh706,000 from her credit card.
“Ms Wanjui, the complainant in this case was informed by her mother who is a victim of card fraud that their two domestic workers had been arrested and were held at Spring Valley Police Station over theft of Sh706,000 from their family’s Credit Card,” Ms Kariuki told the court.
The BFIU officer investigating the case, Corporal Michael Wandera, told Ekhubi that the two accused (Nyambura and Wachira), who had worked for the Wanjui's for over 21 years, "admitted that they were involved in card fraud".
CPL Wandera said in the alleged fraud, the respondents' late employer Joseph Barage Wanjui's credit card linked to his account at ABSA Bank Kenya PLC was debited Sh30 million between 2022 and 2024.
The BFIU officer said they needed time to get the necessary information from Absa, which includes Wanjui's bank statements, credit card details and CCTV footage from several petrol stations in Nairobi, Ukunda (Mombasa) and across the country.
CPL Wandera also said he would record statements from Ms Wanjui, her mother and others he did not identify, including bank officials, during his investigation.
Two defence lawyers had opposed the 14-day detention period saying investigations can be done while they are out on bond.
