The High Court in Nairobi has ordered seven individuals linked to the Anglo Leasing scandal to be placed on their defense, after overturning an earlier acquittal by the trial court.
Justice Benjamin Musyoki of the Anti-Corruption and Economic Crimes Division set aside the ruling delivered on January 19, 2024, which had cleared the accused persons after the trial magistrate found no prima facie case to warrant their defence.
The decision follows a successful appeal by the Director of Public Prosecutions (DPP).
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.
They are accused of conspiring to defraud the Government of Kenya of €40 million through a purported Supplier’s Credit Agreement for the modernization of police security equipment and accessories for the Kenya Police, dated December 17, 2003.
The alleged offences were committed between October 30, 2003, and April 14, 2004, in Nairobi.
In addition to the main charge, the Kamani family trio is further accused of fraudulent acquisition of public property.
”According to court records, on or about April 14, 2004, they allegedly received €1.2 million from the Ministry of Finance by purporting to finance the police modernization project through offshore accounts held in Switzerland under Apex Finance Corporation Ltd and Apex Finance International Corporation Ltd.” said ODPP.
Separately, Mwiraria, Mwangi, Magari, and Onyonka face charges of engaging in a project without prior planning, wilful failure to follow procurement laws, and abuse of office.
All the accused denied the charges when first arraigned. The prosecution presented 37 witnesses during the trial.
However, the trial court ruled in January that the evidence was insufficient to proceed, acquitting all the accused under Section 210 of the Criminal Procedure Code.
Dissatisfied with the decision, the DPP filed an appeal on January 29, 2024. In the appeal, Senior Assistant DPP George Mong’ara argued that the trial magistrate erred in law by failing to properly assess the evidence, which he said established a case that warranted a defence.
In his ruling, Justice Musyoki agreed with the DPP and directed that the accused be placed on their defence.
He further ordered the matter to be mentioned before the Anti-Corruption Chief Magistrate’s Court on August 7, 2025, with all accused persons required to appear in person.
The Anglo Leasing scandal is one of Kenya’s longest-running corruption cases and has remained a symbol of impunity and stalled justice for nearly two decades.
