The Chief Magistrate’s Court at Milimani has upheld the request by the Office of the Director of Public Prosecution (ODPP) to extradite a Kenyan national to face charges in Zambia.
The accused, identified as Wambua, is alleged to have fraudulently transferred approximately Ksh 407 Million ($2,700,000) from a suspense account of the Intermarket Bank, a prominent commercial bank in Zambia, to various unnamed individuals.
These recipients, who hold accounts at the bank, purportedly received undisclosed sums of money from Wambua’s suspense account between October 1, 2010, and May 30, 2011.
Chief Magistrate Lucas Onyina ruled that the DPP’s application met the required threshold for extradition, affirming Zambia’s demand for Wambua to face charges.
“The DPP had issued an authority to proceed in accordance with section 7(1) of the Extradition Act, Cap 77 of the Laws of Kenya upon being satisfied that the request for extradition met the legal standards,” stated the ODPP report.
According to the ODPP’s findings, the recipients of the funds allegedly withdrew the entire transferred amount from their bank accounts without notifying the bank.
Furthermore, they proceeded to share the money with Wambua, who had initially deposited it into their accounts.
Financial experts define suspense account fraud as a scheme where an embezzler makes fictitious transfers to a suspense account in an effort to defraud a financial institution.
A suspense account serves as a temporary ledger for recording entries and discrepancies pending the transfer of money.
Fraudsters exploit these accounts for various services including loans, transfers, and refunds.
The Extradition Act, Cap 77, ensures that a fugitive criminal is afforded the opportunity to seek independent legal advice and an interpreter.
It also empowers Kenya to extradite its citizens accused of committing a crime in the requesting country.
This decision underscores the commitment of both nations to upholding the rule of law and ensuring justice is served. Wambua is now slated to face the charges brought against him in Zambia.