The High court quashed the acquittal of two international businessmen Deepak Kamani and his brother Rashmi Kamani and three former PSs in the Sh3.5 billion Anglo leasing scandal and ordered their retrial.
Anti-Corruption High Court judge Benjamin Musyoki set aside the acquital of Joseph Magari, Dave Mwangi and David Onyonka who are all former permanent secretaries.
The three had been charged alongside Deepak and Rashmi Kamani together with their late father Rasmi Chamanlal.
However, a magistrate acquitted them but the prosecution appealed their acquittal.
Justice Musyoki said the Director of Public Prosecutions (DPP) had established a prima facie case against the accused.
It was established that the former permanent secretaries authorised the project despite there being no budgetary allocation.
“I hereby set aside the acquital by the trial magistrate of January 19, 2024 and order the accused persons to be put of their defence on counts 2,3,4,6,7,” Justice Musyoki ordered.
The judge found that the evidence adduced by 37 withesses in the graft case shows that the security equipments that had been ordered for were not delivered by Sound Day Limited as was alleged owned by the Kamani’s.
He also observed that the user department was the National Police Service and the then commissioner of police Edwin Nyasenda was not called as a witness to prove that the security equipments tendered for were not delivered.
While ordering the Kamani’s to defend themselves, Justice Musyoki said an explanation is expected from them to state why they received the cash.
The judge said for them to have received the money through an account Apex Finance Corporation they must have known that the monies were proceeds of crime.
The Kamani’s had claimed that they have nothing to do with Apex Finance Corporation that was registered in Mauritius in January 8,1998.
They are said to have been single sourced by government for the supply for security equipments at the Kenya police laboratory.
The judge ordered the five accused persons to appear before Milimani Anti-corruption chief magistrate court to defend themselves since the prosecution had established a prima facie case against them.
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