Judge sues bank for ‘defamation’

Loading Article...

For the best experience, please enable JavaScript in your browser settings.

By Pamela Chepkemei

Nairobi, Kenya: A Court of Appeal judge has sued a bank for failing to remit Sh7 million to a motor vehicle dealer as payment for purchase of a vehicle.

The judge says he bought three bankers cheques through Standard Chartered Bank Kenya but two of them were dishonoured by DT Dobie on grounds that his accounts did not have sufficient cash. He blames the bank for issuing him with cheques not drawn on its local Euro account to prevent delay but instead on a foreign account.

 Judge GBM Kariuki says failure by the bank to transmit the cash to the motor vehicle dealer as directed has defamed him.

The actions of the bank, he adds, portrayed him as a person who did not have sufficient funds in his bank account.

“My reputation as a distinguished citizen and honourable member of the bench has been impaired. I have been made to appear as a dishonest no payer who gives dud cheques,” said Justice Kariuki.

The bank offered to have the matter settled out of court by paying him Sh2 million but the judge rejected the offer and opted to file a case against it. He seeks damages from the bank in the suit filed at the High Court in Milimani.

He wants the court to award him damages for breach of contract and loss of credit and reputation. The suit papers filed yesterday will be served to the bank, which will be required to respond within 15 days.