Blow to Kamani’s after High Court quashes their acquittal over Sh5.9billion Anglo-Leasing scandal
In addition to the main charge, the Kamani family trio is further accused of fraudulent acquisition of public property
The alleged architects of the infamous multi-billion Anglo-Leasing deal have suffered a major blow after the High Court yesterday quashed their acquittal involving Sh5.9billion scam.
The High Court in Nairobi overturned the acquittal of seven suspects, including businessmen Deepak Kumar Kamani, Rashmi Chamanlal Kamani and Chamanlal Vrajlal Kamani as well as former Finance minister David Mwiraria (now deceased) over scandal rendering an earlier acquittal by the trial court null and void.
The decision Justice Benjamin Musyoki of the Anti-Corruption and Economic Crimes Division to overturn the acquittal came after the Office of the Director of Public Prosecution (ODPP) successfully appealed the ruling by the Anti-Corruption and Economic Crimes Division, which had been delivered last year, clearing the accused persons after the trial magistrate found no prima facie case to warrant their defence.
The others are former Principal Secretaries Dave Munya Mwangi (Provincial Administration in the Office of the President), Joseph Mbui Magari (Finance), and former head of the Debt Management at the ministry of Finance David Lumumba Onyonka.
They are accused of conspiring to defraud the Government of Kenya of €40 million (Sh5.9 billion at current exchange rate) through a purported Supplier’s Credit Agreement for the modernisation of police security equipment and accessories for the Kenya Police, dated December 17, 2003.
The alleged offences were committed between October 2003 and April 2004, in Nairobi.
In addition to the main charge, the Kamani family trio is further accused of fraudulent acquisition of public property.
According to court records, on or about April 14, 2004, they allegedly received €1.2 million (Sh177 million) from the ministry of Finance by purporting to finance the police modernisation project through offshore accounts held in Switzerland under Apex Finance Corporation Ltd and Apex Finance International Corporation Ltd.
Separately, Mwiraria, Mwangi, Magari, and Onyonka face charges of engaging in a project without prior planning, willful failure to follow procurement laws, and abuse of office.
All the accused denied the charges when first arraigned. The prosecution presented 37 witnesses during the trial. However, the trial court ruled in January that the evidence was insufficient to proceed, acquitting all the accused under Section 210 of the Criminal Procedure Code.
Dissatisfied with the decision, the DPP filed an appeal.
In the appeal, Senior Assistant Director of Public Prosecutions George Mong’are argued that the trial magistrate erred in law by failing to properly assess the evidence, which he said established a case that warranted a defence.
In his ruling, Justice Musyoki agreed with the DPP and directed that the accused be placed on their defence.
“I hereby set aside the acquittal by the trial magistrate of January last year and order the accused persons to be put off their defence on counts 2,3,4,6,7,” Musyoki ordered.
He further ordered the matter to be mentioned before the Anti-Corruption Chief Magistrate’s Court on August 7 with all accused persons required to appear in person.
The Anglo Leasing scandal, through which the country is believed to have lost Sh77. 4 billion at current exchange rate or US$600 million through a series of 18 security contracts awarded to fictitious companies, has remained a symbol of impunity and stalled justice for nearly two decades.
