Major blow to DPP as court uphold dismissal of evidence in Anglo Leasing fraud case
The Anti-corruption High Court ruled that part of the evidence in the 59,688,250 Euros (Sh7 billion) Anglo Leasing case obtained from Swiss authorities fails to meet the admissibility threshold.
Justice Esther Maina dismissed a request filed by Principal Prosecution Counsel Eva Kanyuira who sought a review of the court’s decision to dismiss the evidence that Director of Public Prosecutions Noordin Haji had intended to use to hold the suspects into account.
“The ruling has far-reaching and adverse ramifications on the proceedings in the anti-corruption case. Unless revised, it would defeat the fair administration of justice,” Kanyuira had told the High Court.
The judge ruled that the documentary evidence didn’t meet the admissibility test because the prosecution had failed to produce a certificate revealing how the evidence was procured and processed as required by the law.
The suspects include businessmen Deepak Kamani and his brother Rashmi Kamani, former permanent secretaries Dave Mwangi (Security) and Joseph Magari (Finance), former head of debt management at the Treasury David Onyonka, and Infotalent Limited.
They are charged with conspiracy to defraud the government of 59,688,250 Euros (Sh7,111,402,461) through one of the Anglo Leasing contracts described as the Kenya E-cops security project.
