, NAIROBI, Kenya, Mar 29 – Two companies and a foreigner at the heart of the dubious Anglo-Leasing deals will now be ‘amended out’ of the current prosecutions due to a lack of legal representation in the ongoing cases, after the Kamanis disowned them.
Trial magistrate Felix Kombo directed that Sound Day Corporation, Apex Finance and one Brian Mills be separated from the ongoing cases in order to allow them move forward.
The other, “untenable,” option he said would be to adjourn the proceedings until such a time as the directors of the company are traced.
Businessman Deepak Kamani, his brother Rashmi and their father Chamanlal had been identified as the directors of the company but early on in the proceedings denied responsibility for them even after their lawyer Ahmednasir Abdullahi claimed them.
“We took at the heat of the moment if I may put it like that. But upon further reflection we realised that the nexus between these companies and my clients are at best very tenuous,” he later said in retraction.
A contention the Director of Public Prosecutions Keriako Tobiko challenged saying they could prove that the Kamanis were linked to the companies.
“The DPP as probably this court knows has wide reach throughout the world. Let him look for them, let him bring them to this court at a time of his choice and liking,” Abdullahi said in a rejoinder.
Sound Day and Apex Finance Corporation stand accused – together with eight others – of conspiring to commit an economic crime, “to wit, engaging in a scheme to defraud the Government of Kenya of Euros 40,000,000.”
The two companies also stand accused – together with Deepak, Chamanlal and Rashmi Kamani – of fraudulent acquisition of public property.
“Euros 1.2 million from the Ministry of Finance on the pretext that they were able to provide credit to the government of Kenya for purchase of security equipment under modernisation of police equipment and accessories project,” the charge sheet reads.
Former Permanent Secretary in the Office of the President Dave Mwangi stands accused alongside the companies for, “failing to carry out due diligence test on Sound Day Corporation to ensure that it had professional, technical and legal capacity to enter into a contract for the modernisation of police equipment and accessories project.”
He and former Finance PS Joseph Magari also stand accused of improperly conferring a benefit to the company in relation to the above deal.