The ongoing criminal trial of former Chase Bank executives took a dramatic turn on Tuesday as high-profile defence lawyer Cecil Miller subjected a key prosecution witness to a gruelling cross-examination.
In a major breakthrough for the defence, the witness, a Deloitte auditor, was forced to acknowledge past regulatory investigations into the audit firm’s corporate history. More crucially, the witness conceded that Deloitte’s own forensic findings failed to directly implicate one of the key accused persons in theft, conspiracy, or money laundering.
Miller Exposes Deloitte’s Regulatory Track Record in Court
Appearing before the court, prosecution witness Fredrick Aloo faced intense questioning from Advocate Cecil Miller regarding Deloitte’s regulatory history in Kenya. Miller pressed the auditor on previous high-stakes investigations linked to major corporate collapses and financial scandals.
Under oath, Aloo acknowledged that Deloitte had faced intense regulatory scrutiny over its past audit work involving several troubled institutions, including:
CMC Motors
Mumias Sugar Company
Dubai Bank
The defence lawyer further challenged the witness on the direct sanctions imposed on the audit firm by the Capital Markets Authority (CMA) regarding the Chase Bank collapse. The witness admitted that Deloitte was fined Ksh 10 million for failing to detect material errors in the lender’s audited financial statements.
While Miller asserted that Deloitte’s audit failures directly contributed to the events surrounding the multi-billion shilling lender’s collapse, Aloo rejected the claim. The defence also raised potential conflicts of interest regarding a subsequent forensic audit commissioned after Chase Bank entered receivership. The witness defended the firm, maintaining that different, independent Deloitte teams handled the separate assignments.
Defense Secures Key Admissions on Criminal Charges
The turning point of the cross-examination came when Miller shifted focus to the actual audit reports relied upon by the prosecution to build its criminal case.
Under meticulous questioning from the veteran lawyer, the witness made three critical admissions regarding the second accused, Dan Kang’a Buyu:
No Conspiracy Found: The witness confirmed that the audit report did not conclude that Dan Kang’a Buyu conspired with anyone to steal from Chase Bank.
No Direct Theft: He acknowledged that the forensic audit failed to find evidence that Kang’a had stolen money from the banking institution.
No Money Laundering: The auditor conceded that the report did not conclude the accused had engaged in money laundering activities.
These admissions represent a massive victory for the defence. As the trial progresses, Miller is expected to leverage these concessions to argue that the state’s entire case relies on an audit that fails to attribute explicit criminal conduct to the accused.
Before concluding his cross-examination, Miller heavily questioned the witness on the existence of approved and signed financial statements, casting further doubt on Deloitte’s professional conduct during the critical window leading up to Chase Bank’s sudden closure.
The long-running criminal proceedings against the former bank executives are set to resume later this year. The court will receive further evidence when the hearing continues on August 4, 5, and 11, 2026.
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