Angle turns in Anglo Leasing scandal, potentially pushing back court action
In a recent development, the Anglo Leasing corruption case, initially filed in 2015, is at risk of further delay following a request for a stay of proceedings by the Kamani brothers. The brothers, Deepak and Rashmi Kamani, are involved in the Sh3.5 billion Anglo Leasing scandal and have requested a postponement of their defence hearing.
The Kamani brothers are seeking a stay of proceedings to allow the Court of Appeal to hear and determine their intended appeal over a recent High Court ruling. However, the Director of Public Prosecutions (DPP) and three former Permanent Secretaries (PSs) have opposed the postponement.
The High Court's recent ruling, made by Judge Benjamin Musyoki, reinstated the corruption charges against the Kamani brothers. The judge overturned the January 19, 2024, acquittal of the former PSs, Joseph Magari (Finance), Dave Mwangi (Provincial Administration), and David Onyonka (Home Affairs), as well as the Kamani brothers.
The court found that the Director of Public Prosecutions had established a prima facie case showing that the project was irregularly authorised by the PSs and former Interior Minister Chris Murungaru, without any budgetary allocation. The court also heard that Sound Day Corporation and Apex Finance, both tied to the Kamanis, were single-sourced by the Government of Kenya to supply security equipment for the Kenya Police Forensic Laboratory. However, there was no evidence that the equipment were ever delivered.
Lawyer Fred Ngatia, representing the ex-PSs, urged the court to separate the trial of the three ex-PSs from that of the Kamani brothers. Ngatia cautioned against allowing the case to drag on indefinitely, stating that justice delayed for his clients would be justice denied.
The Kamanis' lawyer argued that their clients' right to appeal is protected under the constitutional right to a fair trial. The Kamani brothers must explain why they received Euros 1.2 million (approximately Sh190 million) from the transaction, as they had previously denied links to Apex Finance.
The judge was concerned about the payment trail of the funds, as the money was not paid to the supplier, but to Apex Finance Corporation, an offshore company linked to the Kamani family. The court deferred its ruling on whether to allow the Kamanis' request and whether to grant the PSs a separate trial to Tuesday, August 26, 2025.
In a surprising turn of events, the Attorney General will appeal the Kamani brothers' case, despite the prosecutor confirming they have not filed an appeal on the first count of conspiracy to defraud the Government of Kenya Euros 40 million (about Sh3.5 billion).
The Anglo Leasing corruption case, initially thought to be nearing its conclusion, now faces further uncertainty, with the potential for separate trials and appeals to prolong the legal battle.
