The government sanctioned 18 Anglo Leasing-related police projects following advise from the Attorney General, a Nairobi court heard yesterday.
Giving her evidence, Dorcas Achapa, a former deputy Solicitor General, said the Finance ministry sought legal advice from Attorney General Amos Wako. She said the contract agreement, in which the government lost money, was valid and abiding in law.
Achapa produced 47 promissory notes and other letters proving legal opinion was provided before contracts were approved. She said on December 4, 2003, the AG’s office received communication from the Finance ministry written by former debt administrator David Onyonka on behalf of the Finance PS. The communication sought legal advice on the promissory notes.
Later on, the 47 promissory notes were cancelled but she said she does not know who cancelled them. “I was not influenced at all by the accused persons who are charged in the Anglo Leasing scam in any way while giving legal advice on the contract E-cops,” said the witness.
Achapa said the government was to pay Infotalent Ltd 3.5 million Euros as the first installment 45 days after a three per cent commitment fee was paid on January 1, 2004. Trial magistrate Martha Mutuku heard that the government was to pay the money in 47 installment from January 2004 to January 1, 2010.
Witness and lawyer Roselyn Amandi from the office of the AG also confirmed that the contract was valid and legal advice was given in regard to the E-cops contract agreement. Amandi said she does not know who drafted the contract since the draft came from the office of the President seeking legal advice.
A former Auditor General has told a trial court a report relating to one of the Anglo Leasing contracts was inconclusive. He denied he was under pressure from a government official to file it in order to delay payments to foreign companies named in the scam.
The letters from former Finance minister David Mwiraria and former PSs David Mwangi and Joseph Magari show the contract the government entered into with Infortalent Limited, a foreign company, for the supply security equipment.
The case relates to an alleged conspiracy to defraud the government of 59,688,250Euros through a suppliers financing agreement for the computerisation of security, law and order systems and procedures of Kenya police code named E-Cops. Infotalent and the Kamanis are charged with fraudulent acquisition of 3,500,266 Euros on April 21, 2004.