NAIROBI, Kenya — The Director of Public Prosecutions (DPP) Renson Ingonga has moved to block attempts to halt the ongoing Anglo Leasing criminal case, urging the Court of Appeal to allow the trial against several accused persons to proceed without interruption.
Through Assistant Director of Public Prosecutions Jami Yamina, the DPP opposed an application by businessmen Rashmi Chamanlal Kamani and Deepak Kumar Kamani, who are seeking to challenge a High Court decision that placed them on their defence after finding that the prosecution had established a prima facie case against them.
The two accused persons have asked the appellate court to conduct an independent review of the subordinate court’s findings.
However, the DPP argues that such a move would interfere with the independence of the trial court and potentially prejudice its ability to determine the case objectively.
Yamina submitted that the High Court was justified in its decision and noted that providing detailed reasoning at that stage could have influenced the trial court’s evaluation of evidence.
“A prima facie case has already been established, and the matter should be determined on merit by a competent and independent trial court without interference or prejudicial influence from appellate proceedings,” Yamina told the court.
The prosecution further argued that the applicants had not demonstrated exceptional circumstances to justify halting the trial.
Yamina added that the accused persons still retain procedural safeguards, including the right to remain silent if they believe they would otherwise be compelled to fill gaps in the prosecution’s case.
The DPP has therefore urged the Court of Appeal to dismiss the application and allow the trial to proceed to its conclusion.
𝐃𝐏𝐏 𝐁𝐚𝐭𝐭𝐥𝐞𝐬 𝐀𝐧𝐠𝐥𝐨 𝐋𝐞𝐚𝐬𝐢𝐧𝐠 𝐂𝐚𝐬𝐞 𝐢𝐧 𝐂𝐨𝐮𝐫𝐭 𝐨𝐟 𝐀𝐩𝐩𝐞𝐚𝐥The Director of Public Prosecutions (DPP), Renson Ingonga, has mounted a firm legal challenge against attempts to stall the ongoing Anglo Leasing criminal proceedings against five accused
Background of the Case
The legal battle stems from a ruling by Justice Benjamin Musyoki of the Anti-Corruption and Economic Crimes Division, who overturned a January 19, 2024 decision that had acquitted the accused persons after a trial magistrate found there was no prima facie case.
Justice Musyoki ruled that sufficient evidence existed to place the accused on their defence and directed that the case proceed before the Anti-Corruption Chief Magistrate’s Court.
The matter is scheduled for mention on August 7, 2025, with all accused persons required to appear in person.
The case involves several individuals, including the late former Finance Minister David Mwiraria, former Permanent Secretary Dave Munya Mwangi, former Finance Ministry PS Joseph Mbui Magari, and David Lumumba Onyonka, alongside businessmen from the Kamani family.
They are accused of conspiring to defraud the Government of Kenya of 40 million Euros through a controversial Supplier’s Credit Agreement signed in December 2003 for the modernization of police security equipment.
Prosecutors allege the offences were committed between October 2003 and April 2004 in Nairobi.
The Kamani family members also face additional charges of fraudulent acquisition of public property after allegedly receiving 1.2 million Euros from the Ministry of Finance through offshore accounts linked to Apex Finance Corporation Ltd. and Apex Finance International Corporation Ltd.
The former government officials are separately accused of engaging in the project without proper planning, failing to follow procurement laws, and abuse of office.
All accused persons have denied the charges.
The prosecution had earlier called 37 witnesses during the trial.
However, the trial court acquitted the accused under Section 210 of the Criminal Procedure Code, citing insufficient evidence, a decision that prompted the DPP to appeal.
