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Court reverses acquittal of 7 Anglo Leasing scandal suspects

Court reverses acquittal of 7 Anglo Leasing scandal suspects

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The High Court in Nairobi has overturned the acquittal of seven individuals linked to the multi-billion Anglo Leasing Scandal, directing them to be put on their defence. 

The initial ruling, delivered on January 19, 2024, cleared the accused persons of their involvement in the scandal due to a lack of sufficient evidence. 

The accused include former Finance Minister David Mwiraria (now deceased), Dave Munya Mwangi (former Permanent Secretary, Provincial Administration in the Office of the President), Joseph Mbui Magari (former PS, Ministry of Finance), and David Lumumba Onyonka. 

Also facing charges are businessmen Rashmi Chamanlal Kamani, Deepak Kumar Kamani, and Chamanlal Vrajlal Kamani.

The seven were accused of conspiring to defraud the government of Ksh.5.9 billion through a fraudulent Supplier's Credit Agreement for the mordernisation of police security equipment from October 30, 2003, to April 14, 2004. 

Further, the Kamani family was charged with defrauding Ksh.117 million from the Ministry of Finance to finance the police modernisation project. 

The funds were purportedly held through offshore accounts in Switzerland under Apex Finance Corporation Ltd and Apex Finance International Corporation Ltd.

In addition, Mwiraria, Mwangi, Magari, and Onyonka also faced charges of abuse of office and failure to follow procurement laws. 

During the first arraignment, the accused denied the charges. Despite the prosecution lining up 37 witnesses to prove the accused persons' involvement, the judge cited insufficient evidence and acquitted the seven. 

Following the ruling, the prosecution filed an appeal on January 29, 2024, seeking that the judge properly assess the evidence presented. 

In his ruling, Justice Benjamin Musyoki of the Anti-Corruption and Economic Crimes Division agreed with the DPP's verdict and directed the accused persons to be placed on their defence. 

The case will be mentioned before the Anti-Corruption Chief Magistrate’s Court on August 7, 2025. 

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