From left: Rashmi Kamani, Deepak Kamani, David Onyonka and Dave Mwangi in a Milimani court, Nairobi.
A magistrate has declined to return the defense hearing of theSh3.5 billion Anglo Leasing graft case against three former Permanent Secretaries (PSs) and two international businessmen to the court which had tried and acquitted them on January 19, 2024.
Milimani Anti-Corruption Court magistrate Harrisson Barasa ruled that he will receive the defenses of the five accused persons.
Barasa ordered Joseph Magari, Dave Mwangi and David Onyonka, alongside businessmen Deepak Kamani and Rashmi Kamani to appear before him on August 22, 2025, for directions when they will commence their defence.
On July 30, 2025, anti-corruption High Court Judge Benjamin Musyoki quashed the acquittal of all the accused persons and directed that they be put on their defence for abuse of office and illegal payments of billions of shillings from public coffers to companies associated with the Kamani’s for the supply of security equipment to the National Police Service.
Deepak Kamani (right) and Rashmi Kamani during the hearing of the Anglo-Leasing scam case at the Milimani Anti-Corruption Court.
Barasa dismissed the application by the former PSs and the Kamani’s they be heard on their defences by Chief Magistrate Felix Kombo who had tried them and acquitted them in all the corruption charges.
Senior Counsel (SC) Fred Ngatia for Magari, SC Ahmednassir Abdullahi for the Kamani’s and lawyer Edward Oonge for Onyonka had applied to have the defenses of the accused be received by Kombo, whom they said had acquainted self with the hundreds of exhibits produced in the case and had the benefit of observing the demeanor of the witnesses.
The Director of Public Prosecutions (DPP) Renson Ingonga, through prosecuting counsel Jeremiah Alusala and Christine Marete opposed the plea by the PSs and Kamanis, saying their defence can be received by any other magistrate in the anti-corruption division since Kombo has been transferred from the department.
Rejecting the referral of the case to Kombo, Barasa said all the proceedings are typed and the defense hearing can be handled by any of the five magistrates in the graft division.
Further, Barasa concurred with the DPP that the trial would take a long time to conclude if it were returned to Kombo to conclude it.
He added that Justice Musyoki did not direct that the case be heard by the initial magistrate who tried the case and acquitted the suspects.
Soon after the ruling Ngatia urged the case be adjourned to enable all the parties to consult and consolidate their thoughts on how to proceed with the case.
Barasa fixed the case for mention on August 22, 2025 for directions on how to proceed and for Abdullahi to inform the court whether he will appeal against the order the accused be put on their defence.
The five were ordered by Justice Benjamin Musyoki to appear before the anti–corruption court chief magistrate to commence their defense after determining that a prima facie case had been established against them by the DPP.
Answer to charges
Justice Musyoki upheld the decision to acquit the accused persons in the conspiracy charge against all the accused persons.
Justice Musyoki, on July 30, 2025, set aside the January 19, 2024, acquittal by the trial magistrate and ruled that Magari, Mwangi, and Onyonka, alongside the Kamanis, must answer to charges related to the controversial security tender.
The late Rasmi Chamanlal Kamani, father to Deepak and Rashmi, was also among the initial accused.
Justice Musyoki ruled that the Office of the Director of Public Prosecutions (ODPP) had established a -prima facie case- showing that the project was authorized by the accused persons—including then-Interior Minister Chris Murungaru—without any budgetary allocation.
“I hereby set aside the acquittal by the trial magistrate dated January 19, 2024, and order the accused persons to be placed on their defence on counts 2, 3, 4, 6, and 7,” the judge directed.
Milimani Law Courts in Nairobi.
The judge found that evidence from 37 prosecution witnesses indicated that Sound Day Corporation, a company allegedly linked to the Kamani’s, failed to deliver the security equipment that had been procured for the Kenya Police.
He further noted that the user department, the National Police Service, did not confirm receipt of the equipment, and that then-Commissioner of Police, Edwin Nyasemba, was not called as a witness to verify delivery.
Justice Musyoki criticized the prosecution for failing to call former Interior Minister Murungaru to clarify whether the multi-billion-shilling agreement he signed had been budgeted for.
He also faulted Murungaru for not establishing clear policy guidelines on executing the contract after it had received legal approval from the then-Attorney General.
About the Kamanis, the judge stated that they must explain why they received €1.2 million (Sh180 million) through Apex Finance Corporation, which was at the center of the Anglo Leasing transactions.
