Kenya lawyer rules out analysing Anglo Leasing data

The lawyer, through mutual legal assistance, got documents from the Swiss government

Attorney General Paul Kihara. FILE PHOTO | NMG 

IN SUMMARY

  • Mr Henzelin said AG's office engaged his services to seek Mutual Legal Assistance (MLA) from Switzerland on behalf of the government
  • The reference terms did not allow him to analyse the contents or investigate criminal culpability of those involved.
  • Hearing resumes today.

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Swiss-based lawyer Marc Henzelin hired by Kenya to seek evidence linked to the Anglo leasing contracts in Switzerland Tuesday told the anti-corruption he cannot tell whether the information gathered is incriminating.

Mr Henzelin said Attorney General's office engaged his services to seek Mutual Legal Assistance (MLA) from Switzerland on behalf of the government but not to analyse the contents or investigate criminal culpability of those involved.

He could not, therefore, ascertain whether evidence to support criminal culpability is contained in the evidence.

“My role was to seek MLA on behalf of the Kenyan government not analyse the evidence. It was the Swiss prosecutors to analyse what evidence is good for the Kenyan government,” Mr Henzelin.

READ: Summons out for Wako, Kinyua in Anglo Leasing suit

READ: State misplaces Anglo Leasing files at AG office

READ: Anglo Leasing got Cabinet approval, says Muthaura

No mandate

Lawyer Ahmednasir Abdullahi for the accused sought to know why Mr Henzelin had proceeded to seek MLA based on authorisation he had received from the defunct Kenya Anti-Corruption Commission (KACC), but which had been nullified by the High Court because the anti-graft body had no mandate to issue such authority.

The AG's office consequently engaged the services of Mr Henzelin to handle the case on behalf of the Kenyan government.

Kenya’s mutual legal assistance law was adopted in 2012.

It allows agreements between two or more countries for the gathering and exchanging information.

Former senior government officials and businessmen are facing charges related to the multi-billion shilling security tenders that the government has termed irregular.

Hearing resumes today.

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