NAIROBI, Kenya, Feb 4 — The Director of Public Prosecutions (DPP), Renson Ingonga, has challenged efforts by some accused persons to delay ongoing criminal proceedings in the high-profile Anglo Leasing case.
The DPP has urged the Court of Appeal to allow the trial to continue without interruption, emphasizing the importance of upholding the interests of justice.
The appeal follows an application by Rashmi Chamanlal Kamani and Deepak Kumar Kamani, who sought to review a High Court ruling that had placed them on their defence after finding that the DPP had established a prima facie case against them. The duo is requesting a comprehensive review of the subordinate court’s decision.
However, the DPP opposes the request, arguing that an appellate review at this stage could prejudice the trial court’s ability to independently assess the evidence.
Through Assistant Director of Public Prosecutions Jami Yamina, the DPP noted that the High Court was justified in not providing full reasoning, as doing so could have influenced the trial court’s evaluation of the case.
Yamina further argued that no exceptional circumstances exist to justify a stay of the trial.
“There are sufficient procedural and evidential safeguards available to the applicants should they proceed to mount their defence, including invoking their right to remain silent if they believe they would otherwise be required to fill gaps in the prosecution’s case,” Yamina submitted.
The DPP has therefore asked the Court of Appeal to dismiss the application and allow the trial court process to run its full course.
The legal battle follows a High Court ruling by Justice Benjamin Musyoki of the Anti-Corruption and Economic Crimes Division, who on January 19, 2024, set aside a trial magistrate’s earlier decision that had cleared the accused, finding there was a prima facie case.
€40 million
The accused in the Anglo Leasing case include the late former Finance Minister David Mwiraria, former Permanent Secretary Dave Munya Mwangi, former PS Joseph Mbui Magari, and David Lumumba Onyonka. Businessmen Rashmi Chamanlal Kamani, Deepak Kumar Kamani, and Chamanlal Vrajlal Kamani also face charges.
They are accused of conspiring to defraud the Government of Kenya of €40 million through a purported Supplier’s Credit Agreement for the modernization of police equipment, dated December 17, 2003.
The offences allegedly occurred between October 30, 2003, and April 14, 2004, in Nairobi.
In addition, the Kamani trio faces charges of fraudulent acquisition of public property. Court records indicate they allegedly received €1.2 million from the Ministry of Finance by falsely claiming to finance the police modernization project through offshore accounts in Switzerland under Apex Finance Corporation Ltd. and Apex Finance International Corporation Ltd.
The former government officials are accused of engaging in the project without prior planning, willfully disregarding procurement laws, and abusing office.
All the accused initially denied the charges. During the trial, the prosecution presented 37 witnesses.
However, the trial court acquitted all the accused in January under Section 210 of the Criminal Procedure Code, citing insufficient evidence.
Dissatisfied, the DPP filed an appeal on January 29, 2024, arguing that the magistrate erred in law by failing to properly evaluate the evidence.
Justice Musyoki agreed with the DPP and directed that the accused be placed on their defence.
He also ordered that the matter be mentioned before the Anti-Corruption Chief Magistrate’s Court on August 7, 2025, with all accused persons required to appear in person.
