Prosecution fights Anglo Leasing case in Court of Appeal

The Director of Public Prosecutions (DPP), Renson Ingonga, has mounted a firm legal challenge against attempts to stall the ongoing Anglo Leasing criminal proceedings against five accused persons.

He urged the Court of Appeal to allow the trial to continue uninterrupted in the interest of justice.

This follows a move by two of the accused persons, Rashmi Chamanlal Kamani and Deepak Kumar Kamani, who filed an application before the Court of Appeal challenging a High Court ruling that placed them on their defence after finding that the prosecution had established a prima facie case against them.

Chamanlal and Kumar are seeking the appellate court to undertake an independent and comprehensive review of the subordinate court’s decision.

However, the DPP opposed this request, noting that such a review by the court of appeal would prejudice the trial court’s mind and ability to make its own findings; therefore, the High Court is not to be faulted for not penning in full reasoning, as that would equally have prejudiced the trial court’s mind in independently evaluating the evidence.

Through Assistant Director of Public Prosecutions Jami Yamina, the DPP submitted that a prima facie case had already been established and that the matter should be determined on merit by a competent and independent trial court without interference or prejudicial influence from appellate proceedings.

Yamina further argued that no exceptional circumstances had been presented to justify a stay of the trial.

“There are sufficient procedural and evidential safeguards available to the applicants should they proceed to mount their defence, including invoking their right to remain silent if they believe they would otherwise be required to fill gaps in the prosecution’s case,” Yamina submitted.

The DPP therefore urged the Court of Appeal to dismiss the application and allow the trial court process to run its full course.

Earlier, Justice Benjamin Musyoki of the Anti-Corruption and Economic Crimes Division set aside a ruling delivered on January 19, 2024, which had cleared the accused persons after the trial magistrate found that there was no prima facie case requiring them to be placed on their defence.

The accused persons include former Finance Minister David Mwiraria (now deceased), Dave Munya Mwangi (former Permanent Secretary, Provincial Administration in the Office of the President), Joseph Mbui Magari (former PS, Ministry of Finance), and David Lumumba Onyonka. Also facing charges are businessmen Rashmi Chamanlal Kamani, Deepak Kumar Kamani, and Chamanlal Vrajlal Kamani.

They are accused of conspiring to defraud the Government of Kenya of 40 million Euros through a purported Supplier’s Credit Agreement for the modernization of police security equipment and accessories for the Kenya Police, dated December 17, 2003.

The alleged offences were committed between October 30, 2003, and April 14, 2004, in Nairobi.

In addition to the main charge, the Kamani family trio faces further accusations of fraudulent acquisition of public property. The court records indicate that on or about April 14, 2004, they allegedly received 1.2 million Euros from the Ministry of Finance by falsely purporting to finance the police modernization project through offshore accounts held in Switzerland under Apex Finance Corporation Ltd. and Apex Finance International Corporation Ltd.

Separately, the late Mwiraria, Mwangi, Magari, and Onyonka face charges of engaging in a project without prior planning, willfully failing to follow procurement laws, and abuse of office.

All the accused denied the charges when first arraigned. The prosecution presented 37 witnesses during the trial. However, the trial court ruled in January that the evidence was insufficient and acquitted all the accused under Section 210 of the Criminal Procedure Code.

Dissatisfied with the decision, the DPP filed an appeal on January 29, 2024.
In the appeal, Senior Assistant Director of Public Prosecutions George Mong’are argued that the trial magistrate erred in law by failing to properly assess the evidence, which he said established a case warranting the accused to be placed on their defence.

In his ruling, Justice Musyoki agreed with the DPP and directed that the accused be placed on their defence.

He further ordered that the matter be mentioned before the Anti-Corruption Chief Magistrate’s Court on August 7, 2025, with all accused persons required to appear in person.