Deepak Kamani fails to stop Swiss probe

Deepak Kamani leaves Integrity Centre on June 5, 2014. FILE PHOTO | PHOEBE OKALL |

What you need to know:

  • Mr Justice Isaac Lenaola ruled that the three had jumped the gun in filing the petition.
  • The judge ruled that the prayer had been overtaken by events since the Attorney-General had already acted on the request.

Tycoon Deepak Kamani has lost his fight to stop the government from releasing to the Swiss information that implicates him in the Anglo Leasing scandal.

Mr Kamani, his father Chamanlal Kamani and brother Rashmi Kamani also failed in their quest to be furnished with documents detailing agreements between the government and foreign companies involved in Anglo Leasing contracts.

Mr Justice Isaac Lenaola ruled that the three had jumped the gun in filing the petition since they had not produced any evidence showing they had requested the Attorney-General to furnish them with the documents and were denied.

“At this stage of the proceedings and having considered the matter, I do not think that this court, with the facts as they are, can grant the orders sought.

“It cannot be said the AG denied them access to information when they have not sought that information,” ruled Justice Lenaola.

OVERTAKEN BY EVENTS

On the request to stop the AG from releasing the documents to the Swiss authorities, the judge ruled that the prayer had been overtaken by events since the Attorney-General had already acted on the request.

Meanwhile, prosecutors and anti-graft investigators on Thursday began re-examining Anglo Leasing files with the aim of filling legal gaps and ensure a water-tight case is taken to court.

The joint team picked by Director of Prosecutions Keriako Tobiko and Ethics and Anti-corruption Commission chairman Mumo Matemu, will work on the five Anglo Leasing files submitted by the EACC to the DPP two weeks ago.

Once completed, 10 individuals will be charged, giving a fresh impetus to an investigation that has dragged for over 10 years, without signs of any tangible headway.