NAIROBI, Kenya, Jul 20 – The hearing of the Anglo Leasing case facing businessman Deepak Kamani, his brother Rashmi, father Chamanlal and six others including former Minister David Mwiraria failed to kick off on Monday.
This followed a High Court stay of proceedings on Friday by Justice George Odunga pending determination of a suit filed by the Kamanis.
Odunga is to give his finding on the suit filed by the Kamanis, challenging their prosecution on September 18.
The finding will determine how the Anglo Leasing cases before the Anti-Corruption Court will move forward with a mention date set for September 22.
The Kamanis alongside Mwiraria, former Permanent Secretaries Dave Mwangi and Joseph Magari and a former Head of Debt Management in the Ministry of Finance David Onyonka together with one Brian Mills who has an international warrant out for his arrest, Sound Day Corporation and Apex Finance Corporation are charged with:
“Between October 30, 2003 and April 14, 2004 in Nairobi, conspired with others not before Court to commit an economic crime to wit, engaging in a scheme to defraud the Government of Kenya (GoK) of Sh4.5 billion through a supplier’s credit contract agreement for the Modernisation of Police Security Equipment and Accessories Project.
Justice Odunga’s stay is also likely to impact a second Anglo-Leasing case in which Deepak and Rashmi have been charged and whose hearing is set to commence on September 1.
In that case, Deepak and Rashmi are identified as “the beneficial owners” of Infotalent, a company accused of receiving half a billion shillings from GoK without delivering services in a project code named E-Cops as it was for the computerisation of security, law and order systems and procedures for the Kenya Police.
The Kamanis have denied all these charges and through lawyer Ahmednasir Abdullahi, argued that the Director of Public Prosecutions has no case.
Mwiraria is yet to plead to the Anglo Leasing charges levelled against him as he is said to be recovering from hip surgery necessitated by bone cancer.
On June 26 the Anti-Corruption Court directed that he be examined by a doctor representing the state to determine if he is fit to stand trial.