DPP opposes bid to halt Anglo Leasing case trial

The Director of Public Prosecutions (DPP) Renson Ingonga has opposed attempts to halt the ongoing Anglo Leasing criminal trial, urging the Court of Appeal to allow the proceedings to continue without interruption.

Through Assistant Director of Public Prosecutions Jami Yamina, the DPP asked the appellate court to dismiss an application filed by two of the accused persons, Rashmi Chamanlal Kamani and Deepak Kumar Kamani, who are challenging a High Court decision that placed them on their defence.

The two want the Court of Appeal to conduct an independent and comprehensive review of the subordinate court’s decision.

However, the prosecution argued that such a review would prejudice the trial court’s ability to independently assess the evidence.

Yamina submitted that a prima facie case had already been established and that the matter should be determined on merit by the trial court without interference from appellate proceedings.

“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 told the court.

He added that no exceptional circumstances had been presented to justify staying the trial.

The DPP has therefore asked the Court of Appeal to dismiss the application and allow the case to proceed to conclusion.

The dispute arises from a ruling by Justice Benjamin Musyoki of the Anti-Corruption and Economic Crimes Division, who set aside an earlier decision that had acquitted the accused.

In January 2024, the trial magistrate ruled that the prosecution had not established a prima facie case and acquitted all the accused under Section 210 of the Criminal Procedure Code.

The DPP appealed the decision on January 29, 2024, with Senior Assistant Director of Public Prosecutions George Mong’are arguing that the trial court failed to properly evaluate the evidence presented by 37 witnesses.

Justice Musyoki agreed with the prosecution, overturned the acquittal and directed that the accused be placed on their defence.

He also ordered that the case be mentioned before the Anti-Corruption Chief Magistrate’s Court on August 7, 2025, with all accused persons required to appear in person.

Those charged include businessmen Rashmi Chamanlal Kamani, Deepak Kumar Kamani and Chamanlal Vrajlal Kamani, as well as former public officials including the late former Finance Minister David Mwiraria, Dave Munya Mwangi (former Permanent Secretary, Provincial Administration in the Office of the President), Joseph Mbui Magari (former PS, Ministry of Finance), and David Lumumba Onyonka.

They are accused of conspiring to defraud the government of 40 million Euros through a supplier’s credit agreement for the modernization of police security equipment dated December 17, 2003. The alleged offences were committed between October 30, 2003, and April 14, 2004, in Nairobi.

The Kamani trio also faces additional charges of fraudulent acquisition of public property after allegedly receiving 1.2 million Euros from the Ministry of Finance through offshore accounts in Switzerland under Apex Finance Corporation Ltd. and Apex Finance International Corporation Ltd.

The former officials are separately charged with engaging in a project without prior planning, failing to follow procurement laws and abuse of office.

All the accused denied the charges when they were first arraigned.