A businessman accused of stealing Ksh.20.6 million has been granted the go-ahead to travel to South Africa for the holidays.
The accused, Wycliffe Simiyu Koyabe, had applied to have the court compel the complainant – a South Africa based company- to issue him with certified copies of his passport.
A Nairobi court on Tuesday dismissed three applications by the businessman, denying him unlimited access to his passport.
However, Makadara Court Principal Magistrate Meresia Opondo considered an existing order which grants the accused limited access whenever he needs to travel.
Mr Simiyu was thereby issued with his passport to travel to be with his family in South Africa for the upcoming Easter holidays. He was further ordered to redeposit the passport back in court on May 9, 2019, when the matter will be mentioned again.
The Magistrate also turned down an application to have the complainant recalled to testify in the case, saying the matter has been in court for long.
Magistrate Opondo observed that the accused is not genuine in his bid to recall a witness who testified long ago with both parties indicating satisfaction.
Mr Simiyu is facing a charge of stealing by agent contrary to Section 268 as read with Section 283 of the Penal Code.
The court heard that on June 12, 2014, at Cooperative Bank Stima Plaza branch – and being an agent to KOMATSU in South Africa, the accused stole cash Sh.20,655,000.
Mr Simiyu was supposed to remit the money to the said company for the purpose of purchase and delivery of a bulldozer.
