The High Court has nullified the earlier acquittal of five individuals linked to the Sh3.5 billion Anglo-Leasing scandal and ordered their retrial. The decision affects international businessmen Deepak and Rashmi Kamani, as well as former permanent secretaries Joseph Magari, Dave Mwangi, and David Onyonka.
The case stems from a long-standing corruption scandal involving the procurement of security equipment for the Kenya Police Service, allegedly through irregular and unbudgeted contracts. The five were previously acquitted by a magistrate’s court, but the Director of Public Prosecutions (DPP) appealed the verdict.
In the ruling, the Anti-Corruption High Court determined that the DPP had successfully demonstrated a prima facie case against the accused. Justice Benjamin Musyoki found that there was substantial evidence pointing to the accused persons’ involvement in the flawed procurement process.
The court was informed that the former permanent secretaries authorized the controversial project even though there was no corresponding budgetary allocation. Moreover, 37 witnesses testified, revealing that the equipment ordered under the tender was never delivered by Sound Day Limited, a company allegedly owned by the Kamanis.
Justice Musyoki pointed out that the National Police Service was the intended beneficiary of the equipment, yet the then Commissioner of Police, Edwin Nyasenda, was not presented in court to confirm whether the equipment was delivered or not. Despite this gap, the judge insisted that the weight of the other testimonies was sufficient to warrant the accused to defend themselves.
Additionally, the court questioned why the Kamanis received large sums of money through an account linked to Apex Finance Corporation, an entity registered in Mauritius. The court stated that the two businessmen must explain the transactions, especially in light of their claim that they were not affiliated with Apex Finance.
The court concluded that all five accused must appear before the Milimani Anti-Corruption Chief Magistrate’s Court to defend themselves against the charges, specifically on counts 2, 3, 4, 6, and 7, reinstated by the High Court.
