Kamanis file suit to block Swiss request

Businessman Deepak Kamani has asked a court to stop the government from giving information to Switzerland over Anglo Leasing-type contracts.

Mr Kamani, his father Chamanlal Kamani and brother Rashmi Kamani want the court to bar Attorney-General Githu Muigai from acting on a request by the Swiss Federal Attorney for information about them over money laundering and dealings with firms implicated in the Sh18 billion contracts.

Their lawyer, Mr Paul Nyamodi, yesterday told the High Court in Nairobi that Prof Githu had publicly stated he would act on the request.

Switzerland alleges that the three were involved in money laundering between 1999 and 2004. They could be extradited to the country for prosecution.

“From the face of the request, it is apparent that any intended prosecution of the petitioners will be a violation of their rights if the AG goes ahead without giving them an opportunity to be heard,” said Mr Nyamodi. Justice Isaac Lenaola declined to grant temporary restraining orders.

“I don’t think there is any prima facie case to grant interim orders before the hearing of the petition,” he said. “There is nothing to warrant the orders at this stage.”

The Kamanis were linked to companies that were awarded 13 out of 18 Anglo Leasing-type security contracts.

The remaining went to Sri Lankan tycoon Annure Pereira, who was recently paid Sh1.4 billion by the government.

RECORDS OF PAYMENT

The Swiss authorities wrote to Prof Githu on June 3 requesting records of payment that the government made to Anglo Leasing-type companies associated with the Kamanis, bank documentation of the payments and any deed of property transferred.

They further sought recorded witness statements, evidence of any corrupt payment made by the government to the companies and any document likely to confirm that the three were engaged in money laundering.

Justice Lenaola directed the AG to respond to the petition within 14 days, and scheduled the hearing for August 5.