Firm loses exemption plea in case

A foreign firm linked to the Anglo Leasing scandal has lost the plea to be exempted from prosecution and will be tried in absentia.

An anti-corruption court in Nairobi on Monday ruled that a plea of “not guilty” be entered against Infotalent Systems Ltd, which is registered in the British Virgin Islands as “it is aware of the case but has continuously declined to attend proceedings”.

British police in March told the government that the shadowy firm had been traced and its agents served with a summons for the trial.

According to documents filed by the Ethics and Anti-Corruption Commission, a police officer from the Virgin Islands traced a registered agent of the company and served the court documents on February 8.
“The company has declined to appear or send a representative to answer the charges,” presiding magistrate Felix Kombo said yesterday.

The magistrate said evidence showed that the UK-based firm had all along been aware of the proceedings but was deliberately slowing down the case.

He said the case would proceed even if the company was not registered in Kenya “as it is where the commission of alleged offences took place”.

“Infotalent was served with summons in good time but has declined to exercise its right to be present in these proceedings,” ruled the magistrate.

British sleuths served summons issued by the Kenyan court on Commonwealth Trust Ltd, believed to be the registered agent and benefactor of Infotalent.

The court was earlier told that summonses sent by the EACC kept disappearing.

Two letters and a summons sent to the Attorney-General for transmission to Britain to compel Infotalent to attend court “never reached their destination”.

EACC said the letters were sent in June last year.

Yesterday, the court said the last summons sent in December reached the destination after Virgin Islands authorities agreed to assist.

Infotalent is charged alongside businessman Rashmi Kamani.

Also facing charges relating to Anglo Leasing are Kisii Senator Chris Obure, former Postmaster-General Francis Chahonyo, former PSs Sammy Kyungu, Joseph Magari and Dave Mwangi, former head of debt management at the National Treasury David Onyonka and former Finance secretary Samuel Bundotich.

They are accused of conspiring to defraud the government of 40,000,000 euros through a phantom modernisation of police security accessories.