A suppliers’ credit financing which forms the base of the multi-billion Anglo-Leasing trial was approved by Cabinet, a witness has said.
Mr Ignatius Wekesa, the investigating officer in the case, in cross examination, said that the government gave the nod for the supplies of security items on the strength of the Cabinet approval.
He told trial magistrate Felix Kombo that a look at the documentation, mainly, correspondences between the concerned parties at the Office of the President, Treasury and respective security agencies “do not show any evidence of conspiracy.”
In the case former senior government officials Joseph Magari, Joseph Onyonka and Dave Mwangi are charged alongside Deepak and Rashmi Kamani with conspiracy to defraud the government over Sh3.5bn through the Anglo Leasing contracts.
Mr Oonge asked the witness to verify the authenticity of the documents exchanged between the parties and explain what inferences he drew as an investigator.
“They (parties) are being informed of funding and the approvals for direct procurement as sought, up to this level I cannot see any conspiracy,” he said.
He also confirmed that the firm at the centre of the trial-Sound Day Corporation, was well known to the Government of Kenya and had dealings since 1993 as it had supplied surveillance equipment before.
Mr Wekesa said since the nature of transaction related to security, it had a limited tender regime.
“It was not for open tenders,” he explained.
He told court that the controversial project was initiated by the then Internal Minister Chris Murungaru.
Asked whether he was aware that the then Attorney General (AG) gave an affirmative legal opinion on the transaction, the witness said “I am aware the former AG gave a legal opinion.”
“The AG gave a positive legal opinion on contract following which project started,” Wekesa added.
In the case the Kamani’s, former PSs Joseph Magari, Dave Mwangi and David Onyonka are facing charges of conspiracy to defraud the government of Sh3.5 billion.
The case was adjourned to November 15 2022 for further cross-examination of the investigating officer.
