, NAIROBI, Kenya Nov 6 – Four former top government officials have lost their bid to terminate a case in relation to the Sh10 billion Anglo- leasing scandal.
Nairobi Magistrate Lawrence Mugambi on Friday rejected an application to dismiss charges facing Kisii County Senator Chris Obure, former Post-Master General Francis Chahonyo, former Financial Secretary Samuel Bundotich and former permanent secretaries Sammy Kyungu and Dave Mwangi on claims they are based on provisions of the law which were repealed following the promulgation of the Constitution in 2010.
The Magistrate ruled that the legal proceedings were rightly before the court.
Deputy Director of Public Prosecutions (DPP) James Warui was directed to amend the charges within the next 14 days failure to which the accused persons will be set free.
The matter will now come up for mention on November 19.
Defence lawyers in the case had urged the court to quash the criminal charges preferred against the four early this year, claiming they are not founded on any particular legal provisions that have been breached.
The prosecution implored the court to dismiss the application claiming it is made in bad faith and meant to derail the criminal trial.
The court was told the prosecution was not under obligation in drafting the charges to specifically state the particulars of the law or regulations violated.
The four accused persons have since denied conspiring to defraud the government.
Chahonyo and Kyungu are alleged to have initiated the procurements in a network of operations executed between March and July 2002, which Obure allegedly authorized the payments, while Bundotich made the payments.
Obure, who served as Finance Minister under the retired President Moi administration, faces two counts of abuse of office and breach of trust by authorizing the Ministry of Transport to directly procure VSAT equipment from Spacenet Inc for the Postal Corporation of Kenya without following procurement procedures.
Chahonyo and Kyungu faced similar charges of abuse of office and breach of trust.