- The court discovered that the bank maliciously contorted written statements from some of the bank’s staff with the sole intention of implicating their former assistant manager Josephine Waruguru amongst other fellow staff who were all African by race. Waruguru revealed that her arrest by the Police and/or individuals posing as Police officers were malicious, done in bad faith, and resulted from cooperation between the bank and the police
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Diamond Trust Bank Kenya Limited (DTB) suffered a devastating blow after High Court Judge J.K Sergon delivered an eagerly awaited ruling. The ruling was delivered on 28th March 2023 indicating that the bank terminated the services of a former assistant manager Josephine Waruguru unfairly, the trial lasted four years.
Waruguru was an assistant manager at the Westgate Mall branch and in the course of her duties, a client by the name of Mansoor Daya opened a fixed deposit account with the Bank and deposited a sum of Ksh.69m. Unfortunately, there was an alert of alleged fraud at the Bank’s Westgate Branch involving the account for Mansoor when the said customer queried a transaction and/or transactions on his account, that had allegedly been done without his prior knowledge or authorization.
The bank rushed and wrote a letter implicating Waruguru amongst other fellow staff who were all African by race. Waruguru was later arrested and charged but the presiding court also cleared her of all charges after concluding that the accused didn’t have anything to say in the matter.
The court discovered that the bank maliciously contorted written statements from some of the bank’s staff with the sole intention of implicating Waruguru herein amongst other fellow staff who were all African by race. Waruguru revealed that her arrest by the Police and/or individuals posing as Police officers were malicious, done in bad faith, and resulted from cooperation between the bank and the police.
In the ruling, the trial judge noted that Waruguru was employed at the material time as an Assistant Manager of steps 4 and 3 at the bank. Her uncontroverted evidence was that she lost her employment following her arrest and prosecution. The ruling reads in part “In the case at hand, I am of the view that an award of Ksh.3.5m general damages and a composite figure Ksh. 500,000 as exemplary, aggravated and punitive damages is reasonable. Special damages claimed and proved is Ksh. 457,000. The total comes to Ksh. 4,457,000”.
