The mystery of the disappearance of a manager at Equity Bank who is alleged to have stolen over Sh 1.6 billion took another turn yesterday with his lawyers filing an application before the High Court seeking habeas corpus.

Lawyers, led by Ndegwa Njiru and Alex Gatundu, moved to the High Court seeking orders for the suspect to be produced in court.

David Machiri Kimani (right) who is out on bond of Sh 500,000 was supposed to appear in court on Thursday last week for mention to confirm compliance where he failed to appear in court.Lawyer Njiru submitted before the Milimani Senior Principal Magistrate Geoffrey Onsarigo that the suspect was abducted by police and sought the court’s intervention by giving an order for the suspect to be produced in court.

On the other hand, the State Prosecutor denied the claims of abduction by police but insisted the accused had merely failed to comply with the orders issued by the court,

“Your Honour the submissions by the defence claiming that the suspect was abducted by police are just mere allegations and should be objected by the court,” the prosecutor told the court.

The ruling on the issue of whether a warrant of arrest against the suspect or an order of herbeous corpus as prayed by the defence was to be delivered on Friday last week.

Miscellaneous application

The suspect did not appear in court on Friday and the magistrate directed that the miscellaneous application remain open and declined to give orders sought by the defence,

   “I have considered the submissions by the defence and the prosecution. I notice that the suspect is not present in court. The claims by the defence are not supported with proof and I hereby declare the miscellaneous file to remain open,” said the magistrate.

Onsarigo directed the defence to proceed to the high court to ask for their prayers of herbeous corpus.

Investigating officer, Police Inspector Boniface Mwangi told the court that since the release of the suspect on bond,  he appeared to him in two occasions and he has never seen him again.

Kimani is being investigated for offences of money laundering and stealing.

He is suspected of having fraudulently debited Sh 1,545,887140.49, leading to economic sabotage of Equity Bank of Kenya Limited.