NAIROBI, Kenya Oct 6 – The High Court struck off several documentary evidence presented in the Anglo Leasing scandal case Tuesday, dealing a major blow to the prosecution.
In striking out several documents, the court said the process of obtaining them was not procedural and were not served properly before transmission to Kenya.
The order striking out the documents obtained more than a decade ago was issued by Chief Magistrate Felix Kombo
The prosecution had told the court that the documents were obtained through Mutual Legal Assistance with the jurisdictions of the United Kingdom and the Swiss Confederation.
The requests were filed by the then Kenya Anti Corruption Commission (KACC) director Aaron Ringera between 2007 and 2008, court documents show.
“It is my finding that so much of the evidence sought to be admited herein, which was obtained through Mutual Legal Assistance request by the Republic of Kenya to the Swiss Confederation fails the test of integrity and its value may have been degraded from tampering, as a result an MLA process that was mishandled,” the judge ruled in the ongoing trial of former Minister David Mwiraria, Dave Mwangi, Joseph Magari, David Onyonka Lumumba, Rashmi Chamanlal Kamani, Deepak Kumar Kamani, Chamnlal Kamani, Brian Mills, Sound dr Corporation and Apex Finance Corporation.
The businessmen and former government officials have denied conspiracy in the alleged multi billion shilling Anglo Leasing scandal for the supply of security equipment to state agencies.
Legal counsels for Rashmi and Deepak Kamani had wanted the Swiss evidence thrown out, saying there were massive irregularities and flaws in their acquisition and presentation.
During the hearing of the case Tuesday, the judge ruled that some documentary evidence obtained from the UK will be admissible as secondary evidence. Hearing of the case will resume on October 8 even as the Director of Public Prosecutions announced that he will appeal the court’s decision.
