Former NBK boss loses bid to stop fraud case
Employment and Labour Relations judge Hellen Wasilwa termed a suit Mr Jaba had filed seeking court orders to stop the Directorate of Criminal Investigations (DCI) from investigating and prosecuting him as an abuse of the court process.
Mr Jaba has accused directors of the bank, whom he listed as respondents, of using police to harass and intimidate him, arguing that his dismissal itself was unlawful.
Mr Jaba was last year charged in connection to fraudulently clearing six companies’ loan arrears amounting to more than Sh1.056 billion owed to the lender. He denied the claims.
He told the court that the DCI commenced investigations after NBK chief executive Wilfred Musau sent a letter asking the police to act against him.
The judge ruled: “There is also no evidence that the 14th Respondent (the DCI) acted under the directions of the third respondent.
“In my view, it is premature for the petitioner to allege that the 14th Respondent has acted on the directions of the third Respondent (Mr Musau) and done any act or omission against the petitioner in breach of the Constitution.”
Mr Jaba, in the court papers, said the NBK board questioned him regarding the “adequacy of provisions or grading of accounts”, noting that although this led to his sacking in May 2016, he was not the source of the information that indicates whether clients were servicing their loans or not.
The former NBK executive accused board members of using him and his colleagues as scapegoats to hide their incompetence and abdication of duties.
Among those he listed as using police to harass him are Treasury secretary Henry Rotich and Central Organisation of Trade Unions secretary-general Francis Atwoli who are board members of the bank.
In the case before the magistrate’s court, the prosecution accuses the former NBK official and his co-accused of intentionally planning to defraud their employer through making false entries in the loan book, which suggested that loans owed by various entities had been cleared.