DPP to appeal Anglo Leasing case after evidence was thwarted

DPP Noordin Haji will move to the Court of Appeal in a bid to overturn a ruling on the Anglo Leasing case.

A court on Monday struck out several documents obtained from Switzerland for use in the ongoing trial of suspects linked to the Anglo Leasing scandal.

"The ODPP is dissatisfied by the court ruling for failure to admit evidence obtained through Mutual Legal Assistance from Switzerland," Haji through his office said on Wednesday.

"The Office will make the necessary application to overturn the decision."

Most of the evidence obtained from Swiss authorities to pin down the Kamani family and seven others in the Sh3.5 billion Anglo Leasing scandal was rejected. 

In his ruling, anti-corruption magistrate Felix Kombo said a lot of evidence sought to be admitted was obtained through a mutual legal assistance request by Kenya to the Swiss confederation and failed the test of integrity.

These documents, the court found were not certified to confirm they are a true copy of the original documents. Payment vouchers generated within the Office of the President are among the documents excluded.

Part of the evidence obtained and used in the Anglo Leasing trial was obtained through two requests for mutual legal assistance to the United Kingdom and the Swiss Confederation.

Both requests were made by the Director of the then Kenya Anti-Corruption Commission, justice Aaron Ringera in 2007 and 2008.

The defence, led by lawyer Ahmednasir Abdullahi and Edward Oonge, objected to the production of the documents on the grounds that there was a "break of the chain of custody".

Edited by CM