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January 21, 2019

Anglo Leasing suspects keep Muigai and Kimani from testifying

Suspects in the Sh7.4 billion Anglo Leasing case at Milimani Law Court on February 6, 2018. /COLLINS KWEYU
Suspects in the Sh7.4 billion Anglo Leasing case at Milimani Law Court on February 6, 2018. /COLLINS KWEYU

Suspects in the Sh7.4 billion Anglo Leasing scandal have temporarily blocked former AG Githu Muigai and former Solicitor General Muthoni Kimani from testifying.

The suspects are former PSs Joseph Magari, Dave Mwangi and David Onyonka and businessmen Deepak, Rashmi and Chamanlal Kamani.

The late David Mwiraria, who once served as Finance minister was also implicated in the alleged conspiracy to defraud the government of 59,688,250 Euros.

Lawyer Paul Nyamundi, who is representing the Kamanis, asked the court on Wednesday to put off the case so the defence goes through "crucial documents" supplied on Monday before making its submissions.

The case was to be heard before Milimani Senior Magistrate Martha Mutuku with Muigai and Kimani as witnesses.

But Nyamundi sought an adjournment saying his clients will suffer prejudice if the case proceeds without a keen look at the documents given by the prosecution.

The defence said the prosecution violated Article 50 of the Constitution and the Mutual Legal Assistance Act by supplying the documents late. The witnesses were to rely on the documents.

But prosecutors Victor Mule and Evah Kanyuira objected the application saying they received the documents from a mutual Swiss legal assistant on Monday.

Mule also noted Muigai and Kimani abandoned their duties to be in court today.

But the Magistrate granted the prayer by the defence saying the prosecution was in breach of the Act which required them to supply the documents seven days before the hearing.

"The accused persons need to be granted sufficient time to prepare given that some of the documents were supplied on Monday," she said. "l allow the adjournment and direct the prosecution to comply with the law."

The case will be mentioned on April 11 for the parties to confirm receipt of all the documents. It will be heard on June 19.

The suspects allegedly conspired to rob the government through a suppliers financing agreement for the computerisation of security, law and order systems and procedures of the Kenya police code named E-Cops.

Infotalent Limited and the Kamanis alone are charged with fraudulent acquisition of Euros 3,500,266 on April 21, 2004.

The company and the businessmen are also charged with acquiring Euros 1,786,898 paid by the government without delivery of financial services.

More on this: Ghost projects and state approvals: Muthaura testifies in Anglo Leasing case

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