The Director of Public Prosecutions (DPP) opposed an application by accused persons linked to the Anglo Leasing scandal seeking to have their defence heard by the trial magistrate who had earlier acquitted them.
On Thursday, the accused, through their defence team, requested the Milimani Chief Magistrate’s Court to transfer the case to Chief Magistrate Felix Kombo who had, on 19th January 2024, acquitted the accused under Section 210 of the Criminal Procedure Code.
However, the High Court later quashed the acquittal following a successful appeal by the DPP.
The appellate court ruled that the accused be placed on their defence, having found that the trial court erred in acquitting them.
In opposing the application, the DPP, through prosecutors Jeremiah Walusala and Christine Marete, urged the court to assign the case to any magistrate currently stationed at Milimani Law Courts to ensure the matter is heard and concluded without further delay.
Prosecution argued that since the matter has been in court for over a decade, allocating it to a magistrate on transfer would only cause unnecessary delays.
The Prosecution further submitted that the trial court means the trial magistrate sitting currently in that Court and not necessarily the magistrate who heard the matter.
The High Court had found that Prosecution had established a prima facie case against several accused persons, including the late David Mwiraria, Dave Munya Mwangi, and Joseph Mbui Magari, for offences including engaging in a project without prior planning, wilful failure to comply with procurement laws, abuse of office (two counts), and conspiracy to defraud.
Additionally, the court found that a prima facie case had been made against David Lumumba Onyonka and Rashmi Chamanlal Kamani for fraudulent acquisition of public property, and an alternative charge of dealing with suspected property.
In his ruling, Justice Benjamin Musyoki stated that: “While this court acknowledges that the burden of proof lies with the prosecution, there are circumstances under which the accused persons must be called upon to explain their roles in the alleged offences, something that can only be done during the defence hearing.”
The accused, along with four others, were charged with seven substantive counts and one alternative count stemming from a contract between the Government of Kenya and an entity known as Sound Day Corporation, referred to as a Supplier’s Credit Contract Agreement for the modernization of police security equipment and accessories.
Charges against three of the ten accused were withdrawn after they could not be traced, while two others passed away during the trial.
Chief Magistrate Harrison Barasa is expected to rule on August 11, 2025 on whether the case will proceed before the previous trial magistrate or be assigned to another court.
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