Chamanlal Kamani and his son Deepak Kamani, his brother Rashmi Kamani before a Nairobi Anti-corruption Senior Principal Magistrate Felix Kombo at Milimani law courts on Monday 20 July.2015
BY SAM ALFAN.
High court has suspended the hearing of the corruption case against the Kamani family
Justice George Odunga issued the orders on Friday last week, saying the trial has to wait his decision over the pending judgment to determine whether to terminate the proceeds before the magistrate court.
The judge is expected to deliver the judgment on September 18
Senior Principal Magistrate Felix Kombo and directed the matter be mentioned on September 22 for the court to be informed of the decision of the high court.
The Anglo leasing contracts which link the Kamanis family to corruption case was signed with the consent of several former government ministers the court was told during hearing of the judicial review application,
The contracts were not signed secretly has claimed by Ethics and Anti- corruption commission.
Lawyer Ahmednasir Abdullahi told Justice George Odunga, that the criminal case brought against his clients is selective and very many people who were involved the signing of the contract were left out of the indictment.
He said the charge is oppressive since EACC has never proved thei9r investigation on matter related to corruption.
The court that the government through its chief legal adviser having his opinion of the contract and gave it clean bill of health a criminal case not preferred against his clients.
The former attorney general Amos Wako was satisfied that commercial contracts signed by the companies which were properly registered cannot be said to have involved in corruption.
The criminal case is brought in bad faith and the court issue an order to have it quashed.
Wako had given green light after examining the documents that formed part of the contract, he told court
He said that the contract awarded to Infotalent Company limited was to implement a proposal to computerize the Kenya police department systems and was not opposed.
The AG had the power to rejects the award of the contracts but he never did so, he said.
Ahmednasir submitted that the contracts were 60 per cent performed and money was duly paid.
He said that Deepak Kamani, his brother Rashmi Kamani and their father Chamanlal Kamani are being prosecuted on matters which are not criminal in nature.
The court heard that if the government was aggrieved with performance of the contract it should have filed a civil suit to recover money lost on unsupplied goods or services.
The contract was lawful and valid, the legal opinion of the chief government adviser has never been challenged, the court heard.
The lawyer took a swipe on the office of the DPP and EACC for ignoring two orders of the high court, which stopped charging of individuals involved in the Anglo-leasing contracts.
The said orders were issued by former high court judge Justice Joseph Nyamu who found and held that the contracts are civil in nature.
The criminal case facing the trio is an abuse of the court process and the same should be terminated, the lawyer told the court
There was no offense committed by the Kamanis family, the case before the court is in breach of articles 21,27, 5 and 57 of the constitution.
He said the AG, commissioner of police and office the president having been involved in signing of the contracts no criminal case can be preferred against his clients..
The Kamanis’ family has been in logger heads with the government over the scandal for many years now.
Last year they moved to court to stop the Kenyan government from releasing information to the Swiss authorities in relation to the controversial Anglo Leasing contracts.
They 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 government.
“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.
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