NAIROBI, Kenya – The High Court has overturned the acquittal of prominent businessmen Deepak Kamani and Rashmi Kamani, along with three former permanent secretaries, in connection with the infamous Sh3.5 billion Anglo Leasing scandal.
The court has ordered a retrial, ruling that the accused must now defend themselves against the corruption charges.
Justice Benjamin Musyoki of the Anti-Corruption High Court delivered the ruling on Thursday, setting aside the January 19, 2024 acquittal by a magistrate’s court and declaring that the prosecution had made a compelling case warranting a defence.
Those facing a fresh trial alongside the Kamani brothers are former top government officials Joseph Magari, Dave Mwangi, and David Onyonka.
The five had previously been charged alongside the late businessman Rasmi Chamanlal, the Kamani family patriarch.
Justice Musyoki ruled that the Director of Public Prosecutions (DPP) had successfully demonstrated a prima facie case, and that the trial court erred in acquitting the accused before they had been called to explain their roles.
“I hereby set aside the acquittal by the trial magistrate and order the accused persons to be put on their defence on counts 2, 3, 4, 6, and 7,” Justice Musyoki stated.
Missing Equipment, Shadowy Company
According to the court, evidence presented by 37 prosecution witnesses indicated that security equipment supposedly procured for the Kenya Police Service was never delivered.
The contract, awarded to Sound Day Corporation—allegedly linked to the Kamanis—was found to be irregularly awarded, with no corresponding budgetary allocation at the time.
The judge also noted that while the National Police Service was the intended end-user of the equipment, the then Commissioner of Police, Edwin Nyaseda, was not called to testify, leaving a critical evidentiary gap.
However, the Kamani brothers were ordered to explain why they received substantial payments through Apex Finance Corporation, a Mauritius-registered company that the prosecution claims was used to channel proceeds from the illegal deal.
“For the accused persons to have received the money through Apex Finance Corporation, they must have known the funds were proceeds of crime,” Justice Musyoki said.
The Kamani family has maintained that they have no connection to Apex Finance, despite documents suggesting otherwise.
The firm was registered in Mauritius on January 8, 1998, and was allegedly used in a web of offshore transactions linked to the Anglo Leasing contracts.
The court has directed all five accused to appear before the Milimani Anti-Corruption Chief Magistrate’s Court to begin their defence.
The ruling marks a significant revival of one of Kenya’s most high-profile graft cases, which has been a symbol of entrenched corruption and failed accountability for nearly two decades.
The Anglo Leasing scandal involved a series of fraudulent security-related contracts signed in the early 2000s, which saw billions of shillings paid to ghost companies for services or goods that were never delivered.
