Anglo Leasing case hearing fails to take off

The hearing of the Sh3.8 billion Anglo Leasing case hit a snag on Tuesday over missing documents.

Defence lawyers accused the prosecution of failing to provide documents without which they said the case could not proceed.

The lawyers are demanding documents including an inventory detailing the controversial contract the government signed with two foreign firms for the supply of a police surveillance system.

Proceedings were adjourned and a witness stood down to Thursday after defence lawyer Kioko Kilukumi accused the DPP of being “ill prepared” for the case.

Earlier, Mr Benson Noah Kariuki, an auditor who was involved in the investigations, told the court the government has been tight-lipped on who cancelled the contract it signed with the suppliers.

Mr Kariuki said on December 7, 2014 the government signed a contract between Sound Day and Apex Finance corporations but it was later cancelled.

He said he tried make inquiries from the National Treasury and Office of the President on who cancelled the contract or how it was done but “there has been no response to date”.

“We got instructions for a security-related audit from the National Treasury and our terms of reference were confined to several issues,” he said.

He said the audit was to ascertain the method used in identifying the suppliers and credit finance firms, among nine other requirements.

They were also to establish the “actual existence of the security projects on the ground.”

He was testifying in one of the Anglo Leasing cases in which former Finance minister David Mwiraria, former Provincial Administration Permanent Secretary Dave Mwangi and eight others are charged with corruption.

The suspects are charged with conspiracy to defraud contrary to Section 317 of the penal code.

They are also charged with fraudulent acquisition of public property contrary to section 45 as read with section 48 of the anti-corruption and Economic crimes act and engaging in a project without prior planning contrary to section 45(2).

Prosecutor Jacob Ondari on Tuesday said the offences stemmed from circumstances surrounding the process and execution of a 40,000,000 Euros in an agreement entered into on behalf of the government by Mr Mwiraria and his co -accused on behalf of the state and Sound Day Corporation, which is not before court, for the modernization of police security equipment and accessories.

The prosecutor said that they will be grappling with the question whether the Anglo leasing case was a commercial transaction or a fraud  and will also prove why the case is not civil but criminal. Hearing continues