Nairobi, Kenya – The Director of Public Prosecutions (DPP) Renson Ingonga has urged the Court of Appeal to dismiss attempts to halt the ongoing Anglo Leasing criminal trial, insisting that the proceedings should continue without interruption.
Through Assistant Director of Public Prosecutions Jami Yamina, the DPP argued that an application filed by businessmen Rashmi Chamanlal Kamani and Deepak Kumar Kamani seeking a comprehensive review of a High Court decision placing them on their defence would prejudice the trial court’s ability to independently assess the evidence.
Prosecution’s Position
Yamina told the appellate court that a prima facie case had already been established, and the matter should be determined on merit by the trial court.
“There are sufficient procedural and evidential safeguards available to the applicants should they proceed to mount their defence, including invoking their right to remain silent if they believe they would otherwise be required to fill gaps in the prosecution’s case,” Yamina submitted.
He added that no exceptional circumstances had been presented to justify staying the trial.
Background of the Dispute
The case stems from a ruling by Justice Benjamin Musyoki of the Anti-Corruption and Economic Crimes Division, who overturned an earlier acquittal and directed that the accused be placed on their defence.
In January 2024, a trial magistrate had acquitted all the accused under Section 210 of the Criminal Procedure Code, ruling that the prosecution had not established a prima facie case. The DPP appealed that decision, arguing that the trial court failed to properly evaluate evidence presented by 37 witnesses.
Justice Musyoki agreed with the prosecution, set aside the acquittal, and ordered the matter to proceed before the Anti-Corruption Chief Magistrate’s Court. The case was scheduled for mention on August 7, 2025, with all accused persons required to appear in person.
The Accused and Charges
Those charged include:
- Businessmen Rashmi Chamanlal Kamani, Deepak Kumar Kamani, and Chamanlal Vrajlal Kamani
- Former public officials: the late Finance Minister David Mwiraria, Dave Munya Mwangi (former PS, Provincial Administration), Joseph Mbui Magari (former PS, Ministry of Finance), and David Lumumba Onyonka
They are accused of conspiring to defraud the government of 40 million Euros through a supplier’s credit agreement for the modernization of police security equipment dated December 17, 2003. The alleged offences occurred between October 30, 2003, and April 14, 2004, in Nairobi.
The Kamani trio also faces additional charges of fraudulent acquisition of public property, allegedly receiving 1.2 million Euros from the Ministry of Finance through offshore accounts in Switzerland under Apex Finance Corporation Ltd. and Apex Finance International Corporation Ltd.
The former officials are separately charged with engaging in a project without prior planning, failing to follow procurement laws, and abuse of office.
All the accused have denied the charges.
Conclusion
The DPP’s firm stance signals the government’s determination to see the Anglo Leasing trial through to its conclusion. The Court of Appeal’s decision on whether to allow the trial to proceed uninterrupted will be pivotal in one of Kenya’s most high-profile corruption cases.
