The High Court has quashed the acquittal of two international businessmen and three former Principal Secretaries (PSs) cleared by a magistrate in January 2024 over the Sh3.5 billion Anglo Leasing scandal.
Anti-Corruption High Court Judge Benjamin Musyoki reversed the acquittal of ex-PSs Joseph Magari, Dave Mwangi and David Onyonka, and businessmen Deepak and Rashmi Kamani, together with their late father Rasmi Chamanlal.
Allowing the appeal against the acquittal, Justice Musyoki said that the DPP had established a prima facie that the project was executed by the PSs and former Interior CS Chris Murungaru when there was no budgetary allocation.
" I do hereby set aside the acquittal by the trial Magistrate on January 19, 2024, and order the accused persons to be put on their defence on counts 2,3,4,6,7," the Judge ordered.
The appellate court found that the evidence adduced by 37 in the graft case shows that the security equipment that had been tendered for was not delivered by Sound Day Limited, allegedly owned by the Kamani's.
He also observed that the user department was the national police service and the then commissioner of police, Mr Edwin Nyasenda, was not called as a witness to prove that the security equipment tendered for were delivered.
The judge also blamed the Prosecution for failing to call Murungaru to shed light on whether the agreement he executed had been budgeted for.
The judge noted Murungaru did not formulate rules and policies on how the contract would be executed after it received approval from the then attorney-general.
While ordering the Kamani's to defend themselves, Justice Musyoki asked them to explain why they received 1.2 million Euros in the multi-million scandal.
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 had nothing to do with Apex Finance Corporation that was registered in Mauritius in January 8,1998.
The two companies Sound Day Corporation and Apex Finance Corporation were at the centre of the Anglo leasing scandal.
They are said to have been single sourced by government of Kenya for the supply for security equipments at the Kenya police laboratory.
The judge observed that a key person of interest Mr Brian Mills who signed for the multi-million contract on behalf of Sound Day was removed from the proceedings.
He ordered the five accused persons to appear before Milimani Anti-Corruption Chief Magistrates' Court to defend themselves since the prosecution had established a prima facie case against them.
However the judge acquitted them for the charge of conspiracy to defraud the government of Kenya Euros 40 million (3.5 billion)
He said no evidence was tendered by the Prosecution to show that the five meet and agreed to defraud the government the colossal sum.
