The Kamani brothers and their father charged over the multibillion-shilling Anglo Leasing scandal have accused the state of engaging in political-show trials and using them as scapegoat.
They say the charges against them are not meant to achieve conviction or punish a criminal conduct, but aimed at giving the state a breathing space in the political arena.
“In light of runaway corruption scandals that have engulfed and consumed, literally, important organs of government coupled with its ability to address this defining feature of the regime, the government is engaging in a classical scapegoating,” the suit papers filed by the Kamanis, through lawyer Ahmednasir Abdullahi, read.
Brothers Rashmi Kamani and Deepak Kamani, and their father Chamanlal Kamani said they are soft targets because they are not part of important political matrix of the state.
The three yesterday asked High Court judge George Odunga to stop their trial, which is slated for tomorrow.
The Kamanis are charged with conspiracy to commit economic crime by engaging in a scheme to defraud the government of billions of shillings through suppliers financing agreement for computerisation of security, law and order system, and procedure for Kenya police project code named E-Cops.
The court also heard that on or about January 12, 2004, being beneficial owners of the assets in the account of the Infotalent Limited they jointly fraudulently received Sh1.8billion from the government without delivery of financing services.
They are further accused of receiving from the government Sh3.6billion on or about April 21 2004 in the name of Infotalent Ltd held with HSBC Republic Bank (Suisse).
They are also charged jointly with Sound Day Corporation and Apex Finance Corporation with defrauding the government out of Sh4 billion through a suppliers credit contract agreement for the modernisation of police security equipment and accessories project.
The prosecution said they suspects fraudulently acquired Sh122.4 million from the Finance ministry on the pretext that they were able to provide credit to the government for the purchase of security equipment under modernisation of police equipment and
accessories project.
They said they have been identified in a political process as sacrificial lambs and are being taken through a criminal process to showcase the government’s credentials in its fight against corruption.
“The criminal cases against the applicants (Kamanis) have nothing to do with the applicants' criminal culpability or otherwise. It has all to do with government's propaganda effort to hoodwink the country that it indeed has the will to fight graft,” Ahmednasir said.
The show of political trials are meant to send political signals and intimidate them, the Kamanis said.
They said the dispute is arising out of a civil contract.
"These contracts have gone through legal and statutory validations of government with Attorney General approving them," read the suit papers.
The Kamanis are seeking orders to quash the criminal trial.
Also sought is an order to declare that the decision by the state to criminalise a commercial contract is unconstitutional.
They said some of the Anglo Leasing-type contracts were suspended at the government's request and some lapsed due to non-performance by the state.
The Kamanis say their prosecution is also aimed at excusing the government from willful and well calculated breach of agreements.
Yesterday the Judge Odunga declined to give temporary order halting the trial.
