Deepak Kamani and Rashmi Kamani lose bid to get back their passports

From left: Mr Rashmi Kamani, his father Chamanlal Kamani and brother Deepak Kamani when they were charged over the Anglo Leasing scandal in March. Deepak and Rashmi on April 1, 2015 lost a bid to secure their passports. FILE PHOTO | PAUL WAWERU |

What you need to know:

  • Deepak Kamani and his brother Rashmi Kamani pleaded with anti-corruption court magistrate Peter Ndwiga to release the passports to facilitate “overseas travel during the Easter festivities”, but he declined.
  • Mr Ndwiga directed their lawyer, Paul Nyamodi, to make a formal application and allow Mr Tobiko to respond.
  • The application should be listed and heard at “the court's convenience”, the magistrate said.

Businessman Deepak Kamani and his brother Rashmi Kamani, who are facing trial over Anglo Leasing scandal, have lost a bid to get back their passports.

Director of Public Prosecutions Keriako Tobiko impounded the identification and travel documents to prevent them from leaving the country.

On Wednesday, they pleaded with anti-corruption court magistrate Peter Ndwiga to release the passports to facilitate “overseas travel during the Easter festivities”, but he declined.

Mr Ndwiga directed their lawyer, Paul Nyamodi, to make a formal application and allow Mr Tobiko to respond.

COURT'S CONVENIENCE

The application should be listed and heard at “the court's convenience”, the magistrate said.

The Kamanis are among eight suspects, including former government officials, charged over the high-profile corruption case linked to international fraud companies.

The other accused are Mr Chamanlal Viraj Kamani, former Finance Minister Chris Obure, former permanent secretary Dave Mwangi and Sammy Kyungu, former head of debt management at the Treasury

David Onyonka, former accounting officer Samuel Bundotich and former Postmaster-General Francis Chahonyo.

The eight have challenged their prosecution, claiming that the case involved civil contractual agreements “that in some instances were part performed by both parties to the contract”.

ABUSE OF POWER

The criminal proceedings are an abuse of power and an attempt to criminalise the civil contracts, they claim.

Former Finance Minister David Mwiraria, who is the first accused in the case, is said to be in hospital and will appear in court when he recovers.

The prosecution will be relying on the help of Interpol to trace and arrest a Mr Brian Mills, who is also to be charged over the scandal.

In the petition challenging their prosecution, the Kamanis have maintained that “the case is not meant to attain a conviction or punish criminal conduct, the purpose being purely collateral, and the aim, to give the state breathing space in the political arena.”