In courts: Anglo leasing case - Decision on splitting trial expected today

A ruling is set to be delivered today in the protracted Anglo Leasing graft case, a matter that has lingered in the courts for nearly two decades.

The decision to be made follows a twist on July 31, 2025, when the High Court quashed the acquittal of two international businessmen, Deepak Kamani and his brother Rashmi Kamani, and three former PSs in the Sh3.5 billion Anglo leasing scandal and ordered their retrial.

Anti-Corruption High Court judge Benjamin Musyoki set aside the acquittal of Joseph Magari, Dave Mwangi, and David Onyonka, who are all former permanent secretaries.

The three had been charged alongside Deepak and Rashmi Kamani, as well as their late father, Rasmi Chamanlal.

However, a magistrate acquitted them, but the DPP appealed their acquittal.

Justice Musyoki said the DPP had established a prima facie case against the accused.

It was established that the former permanent secretaries authorised the project despite there being no budgetary allocation.

"I hereby set aside the acquittal by the trial magistrate of January 19, 2024 and order the accused persons to be put off their defence on counts 2,3,4,6,7," Justice Musyoki ordered.

In the aftermath of the ruling, the Kamani brothers moved to challenge the decision at the Court of Appeal, seeking to halt the retrial.

They argued that the reinstated charges amounted to double jeopardy and insisted that they should not be compelled to go through another full trial while their appeal is pending.

The three former Permanent Secretaries have since taken a different approach, asking the court to separate their defense from that of the Kamanis.

Their lawyers contend that since the conspiracy charge was conclusively dismissed and upheld, their part of the case should move forward without being tied to the Kamanis’ ongoing legal battle in the higher courts.

Prosecutors have also supported this view, noting that no formal stay order has been issued and arguing that justice demands the trial proceed without further delay.

Chief Magistrate Harrison Barasa is expected to deliver a ruling on the issue today.