Wednesday, March 26, 2025 - The tragic passing of David Otieno Oloo (Dr. Oludhe) on August 4th, 2023, has been compounded by a shocking case of financial fraud that has left his family devastated.
Over Ksh 23 million held in his ABSA Bank Kisumu dollar
account has mysteriously disappeared, despite legal safeguards being in place.
The family, aware of the risks, moved to court to place a
caveat on the account to ensure a proper succession process.
However, unknown to them, an individual filed a civil case
in Nyamira, claiming that David owed him over Ksh 21 million and demanding
payment from Absa Bank Kenya.
Donna, David’s legally wedded wife, and temporary estate
administrator appointed by the Kisumu Court, was never informed of this claim
or case.
She only discovered the fraud this recently (one year later),
when she went to ABSA Bank Kisumu to withdraw money for her children’s school
fees, as per a court order, only to be told that the account was insolvent.
The fraudulent claim was filed by one Simon Peter Wainana
Njoroge T/A Miradi Consultancy under civil suit No. E051/2024 at the Chief Magistrate's
Court in Nyamira.
However, strangely, an order compelling ABSA to release the
funds was issued from the Environment and Lands Court (ELC Case No. E051/2024)
- a completely different jurisdiction.
ABSA Bank had been notified of David’s passing and was
legally bound to uphold the succession process in Kisumu.
The court had authorized Donna to withdraw funds, proving
that the account had a valid caveat.
The bank manager who handled this matter quietly transferred
to Eco Bank soon after the withdrawal.
The entire sum was withdrawn in Nyamira, despite the funds
being held in ABSA Bank Kisumu.
This case raises serious concerns:
How can money from a deceased person’s bank account vanish
so easily despite legal protections?
How does a different court (ELC) interfere in a succession
matter without due process?
What happens to David’s widow and children, who were
depending on these funds for their survival?
David’s family deserves justice.
The banks, courts, and all involved parties must be held
accountable.
This cannot be another case of injustice swept under the rug.
The Kenyan DAILY POST
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