NAIROBI, Kenya Jan 19 – Businessmen Deepak Kamani and his brother Rashmi have been acquitted alongside three former government officials, in the Sh7 billion Anglo Leasing scandal case for lack of evidence.
The Kamanis were charged alongside former PSs Dave Mwangi, Joseph Magari and Joseph Onyonka, who were all declared “innocent”.
They were all charged with conspiracy to defraud the government through the multi-billion Anglo-Leasing contract known as the Modernisation of Police Security Equipment and Accessories between 2003 and 2004.
But after a long trial, Chief Magistrate Felix Kombo today ruled that the suspects were charged irregularly, citing glaring contradictions and inconsistencies in the prosecution’s case.
He ruled that the prosecution failed to prove the case throughout the trial and he had no option but to free the suspects for justice.
“Having examined the evidence presented in court, I have concluded that the prosecution has failed to prove a case against the accused warranting to put them on their defence and therefore acquit them for lack of evidence,” he ruled.
In discharging the accused persons, the magistrate ruled that the entire procurement procedures were properly followed and that the budget allocation for the project was in order.
He also dismissed the prosecution’s assertion that Sounday Incorporation, the company at the centre of the alleged scandal was non-existent, saying that was farfetched because it had dealt with the Kenyan Government since the 90s.
The magistrate further ruled that there were glaring contradictions and inconsistencies in the prosecution’s case, saying the accused persons were charged selectively.
He said officials who were intimate with the procurement procedures, including the Minister and Attorney General at the time were never charged.
The magistrate ruled that it was clear the entire procurement procedures were followed and the budget allocation for the project was in order, hence no reason to charge the accused persons.
The government, the magistrate ruled, had a legal obligation to pay the contractual fees.
“The submission by the state that the company in question was a shell company used to siphon money from the government lacked evidence and there is nothing to show that there was a conspiracy between its owners and the rest of the accused in the case,” he said in discharging the accused persons.
