In Summary
- Kaplan and Stratton Advocates is seeking to stop the Banking Fraud Investigation Unit (BFIU) from blocking their access to a client account held at Barclays Bank.
- The BFIU last week froze the contested bank account following accusations that the law firm is assisting May Fox Mining Company in laundering funds stolen from the NYS.
- The judge also said that the order does not stop the BFIU from pursuing their investigations in the said account.
The partners of a top law firm whose accounts have been frozen
by banking fraud investigators over alleged involvement in the theft of
Sh791 million from the National Youth Service are seeking to unfreeze
their accounts.
Kaplan and Stratton Advocates is
seeking to stop the Banking Fraud Investigation Unit (BFIU) from
blocking their access to a client account held at Barclays Bank.
The
BFIU last week froze the contested bank account following accusations
that the law firm is assisting May Fox Mining Company in laundering
funds stolen from the NYS.
Mr Justice Fred Ochieng,
while issuing temporary orders unfreezing the account, warned the firm’s
partners that they will be held personally responsible if the money in
the account is traced back to the NYS.
“In
consideration of this order, the partners in the law firm of Kaplan and
Stratton Advocates are directed to give their undertaking that if any
money is paid out from their bank account and it is later proved that
such funds were the subject of the money fraudulently obtained from NYS,
the partners will be held to account,” Mr Justice Ochieng.
The judge also said that the order does not stop the BFIU from pursuing their investigations in the said account.
APPEAR IN COURT ON FEB 4
The case will be heard on Wednesday.
Meanwhile,
persons and entities linked to the Sh791 million theft at the NYS are
also set to appear in court on February 4, for the hearing of an
applications they filed seeking to lift the freeze orders on their
assets.
The orders were issued in November last year,
after the Assets Recovery Agency (ARA) filed an application alleging
that the properties had been bought using money stolen from NYS.
The agency wants the assets to remain frozen so as to necessitate recovery of the lost money.
The
alleged scam led to the resignation of key officials in the Devolution
ministry as well as the commencement of court cases against persons
alleged to have abused their positions at the NYS.
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