Kenyan businessman Kirimi Koome accused of defrauding a Rwandese investor over Sh 391million has withdrawn his application to have the High Court unfreeze his accounts.
The accounts were frozen by a Chief Magistrate Court.
Koome who was charged with several counts of fraud related to him stealing from StayOnline a company associated with Desire Muhinyuza threw in the towel in his quest to stop his prosecution.
His lawyer Omwanza Areba told Justice Lilian Mutende that their application had been bypassed by events as Koome had already been charged.
“My lady as of today the criminal review application is moot and it’s unnecessary on our part to proceed with it since the ODPP and the DCI proceeded to file another similar application seeking similar orders which they were allowed and thereafter they charged our client,” Omwanza said.
Omwanza told court that the meaning of that is any other proceeding they do in the matter would be an academic exercise.
“We would thus request that this application is withdrawn or marked as closed."
The DPP and the DCI did not object to the application for withdrawal of the case.
Lawyer’s Danstan Omari and Sophie Nekesa acting for Desire had told court that they had filed an application to be enjoined in the matter before it was withdrawn.
Koome's accounts were believed to be containing the Sh391 million and domiciled at a bank 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 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 so as to forbid debiting and payment from the said accounts for a period of 7 seven days so as to preserve funds held therein." ruled the Magistrate.
At the expiry of the 7 days 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 was unconstitutional and violated his right of 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, Koome withdrew his application to have the Court issued orders revoking the lower Court's freeze orders and allow him withdraw the funds.
In the case, Koome is also charged with stealing USD 100,000 (apprx 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.