Bedrock Security services Director Eric Okeyo Managing director with businessman Deepak Kamani leaving Milimani law courts after the Director of Public Prosecutions, Keriako Tobiko opposed their release of passports.
BY SAM ALFAN.
Director of Public Prosecutions, Keriako Tobiko, has strongly opposed the release of passports belonging Anglo Leasing scandal suspects Deepak and Rashmi Kamani.
The DPP argued yesterday there were no compelling reasons advanced by two billionaire brothers to justify the variation of the conditions imposed on them to secure their release pending the hearing and outcome of the criminal case against them.
The two men were required to post Sh3million cash bail and to deposit their passports and other requisite travel documents by the Chief Magistrate in chargeof the anti-corruption court, Doreen Mulekyo on March 5.
Senior assistant director of public prosecution, Nicholas Mutuku, said the Ethics and Anti- Corruption Commission (EACC) is actively investigating other controversial Anglo-leasing type contracts, in which companies associated with the two suspects were allegedly involved in fraudulent dealings. Once enough evidence is gathered by the agency, the firms are likely to be charged soon, he said.
Rashmi has given indication that he wants to visit his ailing wife in Dubai and the United Arab Emirates (UAE) while Depaak seeks to travel to India, Pakistan and China for business engagements.
The prosecution said there are no binding extradition treaties between Kenya and the designated countries the two men intend to visit. “Once they have left the jurisdiction of this court, there is no proper mechanism to ensure that the suspects will be available in the designated countries, making it difficult to access them in the event of imminent need,” Mutuku explained.
However, Senior Counsel Ahmednassir Abdullahi and lawyer Paul Nyamod protested there were no valid reasons advanced by the prosecution in opposing the applications, since the two suspects are Kenyans. They have been jointly charged with their ailing 84-year old father, Chamanlal Kamani.
The two lawyers said the suspects surrendered themselves to the court once the EACC charged them with the alleged offences and they were unlikely to unlikely to abscond. The countries they intended to visit were members of the United Nations, in which Kenya was an active member and signatory to its international treaties.
Earlier the two brothers had pleaded with anti-corruption court magistrate Peter Ndwiga to release the passports to facilitate “overseas travel during the Easter festivities”, but he declined.
Mr Ndwiga directed their lawyer, Paul Nyamodi, to make a formal application and allow Mr Tobiko to respond.
The Kamanis are among eight suspects, including former government officials, charged over the high-profile corruption case linked to international fraud companies.
The Kamanis have challenged their prosecution claiming that the case involved civil contractual agreements “that, in some instances, were part performed”.
They argue the criminal proceedings against them are an abuse of power by the Jubilee government for political reasons.
Last year they moved to court to stop the Kenyan government from releasing information to Swiss authorities in relation to the controversial Anglo Leasing contracts
The Kamanis wanted Attorney General Githu Muigai barred from acting on a request by the Swiss Federal Attorney for information about them relating to money laundering and dealings with companies implicated in the Anglo Leasing scandal.
They argued that the AG had publicly stated he would act on the request alleging that the three were involved in money laundering between 1999 and 2004 and could be extradited to Switzerland to face prosecution.
The Kamanis are linked to companies that were awarded 13 out of 18 Anglo Leasing security contracts.
The remaining five went to Sri Lankan businessman Anura Perera, who was recently paid Sh1.4 billion by the Jubilee government.
“From the face of the request, it is apparent that any intended prosecution of the petitioners will be a violation of their rights if the State goes ahead without giving them an opportunity to be heard,
The Swiss authorities wrote to Prof Muigai on June 3 requesting records of payments the government made to Anglo Leasing companies associated with the Kamanis, the bank documentations of the transfer of money and any deed of property transferred.
They further wanted recorded witness statements, evidence of any corrupt payment made by the government to the companies and any document likely to confirm the three were engaged in money laundering.
The companies listed as having benefited from the Sh18 billion contracts were Sound Day Corporation, Apex Finance Corporation, Anglo Leasing and Finance Limited, Infotalent Limited, Globetel Incorporated and Midland Finance and Securities Limited.