Court allows Anglo Leasing suspects to travel overseas for business

Anglo Leasing suspects Mr Deepak Kamani (left) and Mr Rashmi Kamani at the Milimani Law Courts on April 24, 2015. The anti-graft commission wants Anglo-Leasing scandal suspect Deepak Kamani investigated for allegedly forging documents in a bid to stop his prosecution. PHOTO | PAUL WAWERU | NATION MEDIA GROUP

What you need to know:

  • The prosecution had opposed the release of the passports on grounds that the two brothers may be tempted to jump bail.
  • It was "highly unlikely" that the suspects would go against societal norms and expectations and abandon their aged father.

Two suspects charged over the Anglo Leasing scam in which the government lost Sh8 billion can now travel abroad to attend to business and family matters after a Nairobi court released their passports.

A magistrate ruled Rashmi Kamani and his brother Deepak are at liberty to continue with their normal lives "until such a time that they are proven guilty".

Anti-corruption court magistrate Doreen Mulekyo overruled the prosecution's objection to the release of the documents on the grounds that they had demonstrated "submission to authority" when they presented themselves for trial without a warrant of arrest being issued against them.

The prosecution had opposed the release of the passports on the grounds that the two brothers may be tempted to jump bail.

"The apprehension by the state while understandable is nonetheless in my view unwarranted bearing in mind that the accused were not arraigned pursuant to a warrant of arrest ….. notwithstanding that one of the accused persons has always been domiciled outside the jurisdiction," the magistrate ruled.

She said it was "highly unlikely" that the suspects would go against societal norms and expectations and abandon their aged father with whom they have been jointly charged.

"The accused persons' travel documents may be released to them temporarily, pending commencement of the trial on July 20 to enable them (to) attend their domestic and business concerns," the magistrate said.