Prosecutor charges seven other people in Anglo Leasing case

What you need to know:

  • The court had issued an international arrest warrant against the American but it had not been executed, said the prosecutor.

  • Seven other people were charged afresh when the prosecution amended particulars relating to the case in light of the new development.

  • The charge against Mr Mwiraria, who is ailing, was “deferred until he is able to take plea”.

An American wanted in relation to the Anglo-Leasing scandal has been exempted from the trial in which former finance minister David Mwiraria is linked to the loss of Sh10.4 billion.

The prosecution said Mr Brian Mills was yet to be traced and that “an affidavit explaining efforts being made to find him and the representatives of two companies — Sound Day Corporation and Apex Finance Corporation — which have equally been exempted, has been filed”.

The court had issued an international arrest warrant against the American but it had not been executed, said the prosecutor.

Thursday, seven other people were charged afresh when the prosecution amended particulars relating to the case in light of the new development.

The charge against Mr Mwiraria, who is ailing, was “deferred until he is able to take plea”.

Former Permanent Secretaries Dave Mwangi and Joseph Magari and Mr David Onyonka, a former head of debt management in the Finance ministry were charged afresh alongside businessmen Rashmi Kamani, Deepak Kamani and Chamanlal Kamani.

They denied that between October 30, 2003 and April 14, 2004 in Nairobi, they conspired with other people not before court in a scheme to defraud the government of 40,000,000 euros (Sh4.5 billion) through a purported supplier credit contract agreement for the modernisation of police security equipment and accessories.

The Kamanis also denied acquiring public property fraudulently.

The court was told that they owned a Swiss account in which 1.2 million Euros was wired from the ministry by purporting to finance the police project. The businessmen were also charged with dealing with suspect property.

The former government officials were accused of engaging in a project without prior planning.

Mr Mwangi faced another charge of wilful failure to comply with procurement rules.

The offence, the court was told, was  committed on October 30, 2003 in Nairobi.

The case will be heard for four days from July 19.