, NAIROBI, Kenya, Mar 3 – Businessman Deepak Kamani, his brother Rashmi and their father Chamanlal Kamani have filed an urgent application seeking an order to halt their looming arrest and prosecution over the Anglo Leasing scandal.
The application was placed before Justice Luka Kimaru who declined to issue the order sought and instead directed the suit papers be served upon the Director of Public Prosecutions for the matter to be heard on Wednesday.
Their lawyer Ahmednasir Abdullahi told the court that there is imminent danger that his clients might be apprehended and face criminal charges on issues they have contested before.
The Kamani family has been in loggerheads with the government over the scandal for many years now.
Last year they moved to court to stop the Kenyan government from releasing information to Swiss authorities in relation to the controversial Anglo Leasing contracts.
The Kamanis wanted Attorney General Githu Muigai barred from acting on a request by the Swiss Federal Attorney for information about them relating to money laundering and dealings with companies implicated in the Anglo Leasing scandal.
They argued that the AG had publicly stated he would act on the request alleging that the three were involved in money laundering between 1999 and 2004 and could be extradited to Switzerland to face prosecution.
The Kamanis are linked to companies that were awarded 13 out of 18 Anglo Leasing security contracts.
The remaining five went to Sri Lankan businessman Anura Perera, who was recently paid Sh1.4 billion by the Jubilee government.
“From the face of the request, it is apparent that any intended prosecution of the petitioners will be a violation of their rights if the State goes ahead without giving them an opportunity to be heard,” Abdullahi argued.
The Swiss authorities wrote to Prof Muigai on June 3 requesting records of payments the government made to Anglo Leasing companies associated with the Kamanis, the bank documentations of the transfer of money and any deed of property transferred.
They further wanted recorded witness statements, evidence of any corrupt payment made by the government to the companies and any document likely to confirm the three were engaged in money laundering.
The companies listed as having benefited from the Sh18 billion contracts were Sound Day Corporation, Apex Finance Corporation, Anglo Leasing and Finance Limited, Infotalent Limited, Globetel Incorporated and Midland Finance and Securities Limited.