Director of Public Prosecution Noordin Haji has opposed the release of a DTB bank manager facing charges of aiding and abetting last month Dusit complex terrorist attack on bail.
Haji Through Senior counsel Eddy Kandebe urged the court not to allow the bank manager Eastleigh branch Sophia Njoki Mbogo bail application on grounds that she is facing serious charges which attract heavy punishment if found guilty and she is likely to abscond from the jurisdiction of the court.
He told the court that investigations are still ongoing which may lead to more accomplices who are still at large and more charges may be preferred against them therefore releasing ger on bail may interfere with the ongoing investigations.
“The accused person is the bank manager at the said DTB Eastleigh branch where she exercises control over her staff some whom are subject of inquiry and therefore she is likely to interfere with witnesses and exhibits,” said Kandebe.
Sophia Njoki Mbogo is also accused on the diverse dates between 4 of December 2018 and January 5 ,2019 at DTB Bank Eastleigh branch in Nairobi jointly with others not before court , being the branch manager aided and abetted the commission of terrorist ‘The Dusit Attack’ on the 15 of January this year by failing to report suspicious activity involving transactions carried out at the said bank and branch shillings 34,736,550 suspended to have funded the said attack.
Njoki is further accused jointly with others not before court being the branch manager knowingly failed to report cash transactions carried out at the said bank shillings 34,736,550 million amounts exceeding the required amounts.
She is accused on diverse dates between 4 of December 2018 and January 5 ,2019 at Diamond Trust Bank Eastleigh branch jointly with others not before court , being the branch manager b, knowingly failed to report suspicious activity involving transactions carried out at the said bank and branch to shillings 34,736,550 suspected to be related to money laundering or proceeds of crime.
She has pleaded not guilty.
The court was further informed that the money was transferred from South Africa, investigators are yet to trace part of the money believed to have been sent to Somalia through illegal money transfer agents commonly known as Hawalla.
Prosecution further said that investigators are looking at large amount that were transferred from South Africa to Kenya on diverse dates through MAMA MONEY and SEND HOME amounting to over Sh 34 million which is believed to have financed the ‘Dusit attack’.
“The investigations are ongoing to reveal the identity of the individual who received the money in Kenya and our investigative leads indicate that the money was used in furtherance of terrorist activities, particularly the attack on Dusit Hotel,” the court heard.
Kandebe said the accused in his affidavit avoided intentionally to respond to issues of money raised by the prosecution in two platform and issues if interference of witnesses who are their junior officer at the said bank.
Sophia was arrested at DTB Eastleigh branch in connection to money laundering and terrorism financing that facilitated the ‘Dusit Attack’ which occurred on the January 15, 2019 in Nairobi.
However, the accused person through former high court judge Nicholas Ombija urged dismiss the DPP application the deny his client bail saying that the have tabled compelling reasons.
He said that Sophia through has supplied investigators with all documents and CCtV footage they required in their probe.
“The accused has nothing which police are seeking and all what they claim to be investigating is with the Bank and Safaricom who are the service Provide,” said Ombija.
He said that the transactions being probed are provided by the bank and safaricom through M-pesa which she has capacity to interfere with.
“If it was the wish of the state no accused person can ever be released on bond since ghey have been opeposinv the released of the accused which is a constitution right,” said the former judge.
The accused to remain in custody until Friday pending ruling on bail.
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