Former Finance Minister Amos Kimunya Monday told the anti-corruption court that he did not revoke the promissory notes issued to one of the Anglo Leasing firms.
The State had promised to pay Infortalent Ltd for the supply of security equipment through the notes, which then Attorney General Amos Wako said could not be revoked.
Mr Kimunya said during his tenure at Finance ministry he had a directive issued against the use of the promissory notes because the contracts were being investigated by the Kenya Anti-Corruption Commission (KACC).
“This was not a revocation. It was buyer beware. We did not want to prejudice anybody who may innocently trade with them in the international market,” Mr Kimunya said.
The Attorney-General’s opinion was that each promissory note constituted an unconditional promise from the government of Kenya to pay on demand the sum stated in the notes.
Under the contract, Infortalent Ltd was contracted to supply security equipment to the police and also modernise police operations.
Lawyer Paul Nyamodi representing the accused had sought to know whether the letter by Mr Kimunya in 2007 was an attempt by the government to revoke the irrevocable promissory notes, or vary the terms of the promissory notes to include a requirement that KACC chairperson be consulted when such a requirement was not provided for at the point they were issued.
“I remember it was a few weeks to elections and even though Infortalent had returned all the promissory notes it had received from government, and the same were cancelled, I had to issue the letter because of information that there were some fake promissory notes in circulation.
Mr Kimunya, who is currently the Kipipiri MP, was testifying in a case where former government officials and local businessmen have been charged over the multibillion Anglo Leasing contract which the government later cancelled.
Hearing resumes Tuesday.