The lawyer of two employees of the Kenya Commercial Bank (KCB) branch in Rumbek, Lakes State, who have been in military detention on allegations of embezzlement has accused the army of denying the duo access to medical doctors, family, and their lawyers.
The two KCB staff, the bank’s branch manager, Michael Manyang Muorwel, and his deputy, John Mabor Agany, were arrested last month on allegations of swindling their employer.
Their lawyer, Malith Jokthiang of Law and Humanity Chambers in Rumbek, told Radio Tamazuj on Tuesday that a team of defense lawyers and the family members of the incarcerated bank employees have failed to access them at the SSPDF’s Panda Military Barracks in Rumbek.
“What happened is that the two KCB officials were arrested last month based on a complaint from KCB over the disappearance of money in the bank and the complaint was lodged to the police and investigations started. However, before the police could complete their investigations, the officials were taken to SSPDF military barracks on the orders of Lakes State Governor Rin Tueny,” he explained. “We went to inquire the whereabouts of the accused people and the prosecutor told us he did not know. Later, we learned that they were taken to the Panda military detention facility on the governor’s orders.”
“Up to now, we have failed to access them, the case has stagnated and no investigation is ongoing,” Johthiang added.
According to the lawyer, one of his clients is severely sick and suffers from hypertension, has no access to a doctor, and they are detained in appalling conditions.
“I wrote to the prosecutor seeking permission to visit them and although he gave me a go-ahead, the army has not been cooperative,” Jokthiang narrated. “The soldiers running the detention facility even threatened us and told our clients that if their lawyers visited them, the army would arrest them. They threatened to arrest us the lawyers and transfer our clients to another location so we backed off.”
He accused KCB of double standards.
“The conduct of KCB is quite surprising because I believe there is a rule of law in Kenya. When people come to South Sudan, they take advantage of our situation because people do not adhere to the rule of law,” the lawyer charged. “This is a matter for police investigation. If someone is accused of misappropriation of funds, then an audit has to be done. If funds are missing, you take them to police then to court.”
Jokthiang said his clients should be in police custody and have a right to defend themselves and be visited by their doctors and families.
“I am appealing to the state authorities to transfer my client to police custody and the case should be allowed to proceed according to criminal procedure,” he said. “KCB should not come to South Sudan and infringe on the rights of the people. I appeal to the governor who restored stability and rule of law in the state to ensure that my clients are taken back to the police. Let the matter be taken to the court and if they are found guilty, then they will go prison through due processes of law.”
Lakes State Information Minister Paul Cabiet Anyang last month promised that the detained KCB employees would be transferred to police but this has not come to pass. Attempts to contact him on the matter two days in a row were futile.