Milimani Law Courts/FILE
The trial of Brian Obare who is accused of obtaining more than Sh50 million through an alleged Canadian visa processing scheme, took a new turn after a bank employee testified about the operation of a disputed account linked to the transactions.
Appearing before senior principal magistrate Paul Mutai at the Milimani law courts in Nairobi, Standard Chartered Bank officer Amos Wambua told the court that an account at the centre of the dispute was opened in 2022 as a personal account registered in the name of Nancy Odhungo.
Wambua said although the account was personal, it was later used by the company under agency commission arrangements and in accordance with internal company policies.
His testimony came during cross-examination by defence lawyer Lewis Kanyoko, who sought to challenge the ownership and operation of the account through which millions of shillings are alleged to have been transacted.
The prosecution alleges that Obare falsely presented himself as a Canadian consular official and received money from individuals seeking assistance in obtaining Canadian visas. Obare has since denied those allegations.
During the proceedings, the defence questioned the legitimacy of the account and argued that certain details linked to it, including the email address and telephone number used during its operation, belonged to a director of Golden Key Company.
However, evidence presented before the court indicated that at the time the account was opened, Golden Key was operating as a business name and had not yet been incorporated as a limited liability company.
The defence maintained that the circumstances raised questions regarding the management and ownership of the account. It however did not explain the millions of shillings allegedly received through the account or the purpose for which the funds were transferred.
The court heard that substantial sums of money were processed through the account linked to the transactions forming the basis of the criminal case. The hearing seeks to unravel the reason behind the payments and the intended use of the funds.
The defence also challenged the operation of the account by company employees. The court heard that employees had been authorised under their employment contracts and company policy to operate individual accounts as commission agents.
It was argued that such an arrangement, by itself, did not amount to any wrongdoing.
The hearing continues this week as the court examines evidence surrounding the alleged visa scheme and the movement of funds through the disputed account.
