Kamanis lose bid to stop Anglo Leasing case

Rashmi Kamani (left) with Deepak Kamani at the Milimani Law Courts in Nairobi on September 18, 2015. They lost a bid to stop their trial over the Anglo Leasing scandal. PHOTO | ANTHONY OMUYA | NATION MEDIA GROUP

What you need to know:

  • Justice Odunga added that the Kamanis were not being prosecuted for ulterior motives.
  • The suspects are facing charges ranging from conspiracy to defraud the government and abuse of office to breach of trust and fraudulent acquisition of public property.

The High Court has dismissed an application by three suspects in the Anglo Leasing scandal seeking to stop their trial.

Justice George Odunga ruled that he was not satisfied with the reasons given by businessman Deepak Kamani, his brother Rashmi Kamani and father Chamanlal Kamani to stop the case.

The ruling sets the stage for the criminal case that may unravel the mystery behind the Sh10 billion scandal.

“There is no merit in the application to stop the trial. It is in the public interest that the criminal case proceeds for truth to be known on who participated in the scandal,” ruled Justice Odunga.

According to the judge, the Director of Public Prosecutions did not abuse his powers by charging the three.

“The prosecutions are neither a showbiz nor a catwalk. In any event, the criminal process is still subject to appeal if the suspects are dissatisfied with the outcome or they can claim compensation for malicious prosecution if they are found innocent,” ruled Justice Odunga.

INDEPENDENT OFFICES

Justice Odunga added that the Kamanis were not being prosecuted for ulterior motives and even if the government was using their trial to achieve a hidden agenda, the court cannot interfere with it.

He ruled that the High Court cannot interfere with the powers of independent offices to prosecute unless it is proved that they are abusing those powers.

The Kamanis are among 13 suspects facing charges of conspiracy to defraud the government over Sh10 billion in the Anglo Leasing scandal.

Others in the trial are former ministers Chris Obure and David Mwiraria, former postmaster-general Francis Chahonyo, former Transport PS Sammy Kyungu and former finance secretary Samuel Bundotich.

Also on the list are former Internal Security PS Dave Mwangi, former Finance PS Joseph Magari, former head of debt management David Onyonka, Mr Brian Mills, Mr Bradley Birkenfeld, Sound Day Corporation and Apex Finance Corporation.

They are facing charges ranging from conspiracy to defraud the government and abuse of office to breach of trust and fraudulent acquisition of public property between 2002 and 2004.