It is a big boost to a Rwandan-based Investor in Kenya, Desire Muhiyunza, as Kirimi Koome, the man believed to have conned him over Ksh 391 million, withdraws his application to have the High Court unfreeze his accounts which have already been frozen by a Chief Magistrate Court.
Koome, the accused, was a director of Stay Online Limited and he faces criminal charges of conspiring with others yet to be arrested to defraud Desire Muhiyunza a Rwandan-based businessman USD 2,619,583.27 (approximately Sh 391 million).
Koome’s accounts believed to be containing the Ksh 391 million and domiciled at Equity Bank Limited in Meru were frozen on September 18, 2023.
In the ruling issued by Magistrate Bernard Ochoi, the learned magistrate ruled that the DCI through the prosecution had provided sufficient grounds to warrant the freezing and investigation of Koome’s Bank accounts.
“An order is hereby issued freezing two account numbers both domiciled at Equity Bank Limited, Meru Branch in the name of Kirimi Koome to forbid debiting and payment from the said accounts for a period of 7 seven days to preserve funds held therein.” ruled the Magistrate.
At the expiry of the 7-day freeze order, Desire through his Lawyer, Danstan Omari moved the court for extension of freeze orders stating that if Koome is given the leeway to withdraw the funds, the complainant would incur immense loss.
Satisfied that indeed Desire would suffer prejudice if the accused is allowed to tamper with the funds, the Court extended the freeze orders.
The court also gave orders for DCI to be allowed to investigate Koome’s bank accounts, retrieve account opening documents, withdrawal slips and statements from May 1 to September 18, 2023.
Aggrieved of the freeze order, he moved to the High Court seeking the Court to stay the orders and allow him to withdraw the cash.
He also asked the High Court to bar the Directorate of Public Prosecutions from investigating his bank accounts.
Koome claimed that the orders to freeze his accounts were unconstitutional and violated his right to fair hearing as provided for in Article 50 of the Constitution.
However, in what appears to be a dampened hope for Koome and a big win to the Complainant Desire Muhiyunza, when the matter came up for mention today before Justice Mutende, Koome withdrew his application to have the Court issued orders revoking the lower Court’s freeze orders and allow him to withdraw the funds.
In the case, Koome is also charged with stealing USD 100,000 (approx Sh 14.9 million) from Stay Online, Limited, money which had been entrusted to him to make payment of provision of taxes for the said company.
In addition, Koome is accused of making a false entry of USD 100, 000 to his USD account held at Equity Bank and giving false information to a police officer.
The case is still active in Court.