In courts today: Court to decide fate of accused in Sh3.5b Anglo leasing case

Wheels of Justice: Court cases lined up for the day

In Summary
  • The lead investigator in the Anglo leasing case has maintained that Sound Day Corporation was a ghost company.
  • During the course of their investigations, even former Permanent Secretaries never acknowledged the existence of Sound Day.

Chief Magistrate Martha Mutuku is expected to deliver a ruling on whether accused persons in the Sh3.5 billion Anglo leasing scandal have a case to answer.

The lead investigator in the Anglo leasing case has maintained that Sound Day Corporation, the entity contracted to supply police security equipment to the Kenyan state was a ghost company.

Investigating officer Ignatius Wekesa told Anti-corruption Magistrate Felix Kombo that there was a conspiracy between the supplier, Office of the President, and treasury right from the initiation of the project in 2002.

During the course of their investigations, even former Permanent Secretaries never acknowledged the existence of Sound Day.

The witness while being cross-examined by Lawyer Edward Oonge said the government dealt with the company from 1992 but the contracts were irregular.

Oonge is representing former PS Treasury Joseph Magari who is an accused person in the case

In his evidence-in-chief given in January last year, Wekesa mentioned to the court that they had asked the British government for assistance regarding the directorship of Sound Day and whether it was a valid corporation in the UK.

Information sought revealed that Sound Day was incorporated on 21 September 1989 in the British Virgin Islands and that the Kamani family were the directors of the firm having taken over from one Collins Foster in 1990.

London's PSJ Alexander and company chartered accountants are the ones who provided most of the documentation as far as Sound Day Corporation is concerned.

Wekesa is the last prosecution witness. He was testifying against Deepak Kimani, Rashmi Kamani, the late David Mwiraria, former Permanent Secretaries David Mwangi, and Joseph Magari.

Sound Day Corporation are accused of committing an economic crime. The accused persons are on trial for conspiring to defraud the government of billions of shillings through a dubious financing agreement.

It is alleged that between October 30, 2003, and April 14, 2004, in Nairobi, Joseph Magari conspired with others to engage in a scheme to defraud the government of Kenya Sh3. 5 billion through a suppliers credit contract agreement for the modernization of the Police Security Equipment and Accessories Project.

In the case, former PSs Joseph Magari, Dave Mwangi, and David Onyonka and businessmen Deepak and Rashmi Kamani, together with their father Rasmi Chamanlal have denied conspiring to defraud the Government over Sh3.5 billion.

In a separate court, the Tecra death inquest is to proceed today for a hearing.

Tecra, the daughter of Keroche Breweries boss Tabitha Karanja, died on May 2, 2020 at the Nairobi Hospital after she allegedly fell down steep stairs at a house in Lamu.

Her then-boyfriend Omar Lali was arrested and kept in custody but the DPP dropped the murder case against him in July and ordered an inquest.  

Six witnesses who carried Tecra to the hospital are expected to testify before Magistrate Abdul.

Qusai Lali Omar, Ali Bakari Muhammed, Abdul Lali Omar, Yaya Salim Muhammed, Ahmed Ali Sali, and Mohammed Omar Muhanji were summoned by the magistrate after they declined to board a van sent by the DPP to testify.

Abdul had also summoned Lali to appear for the next hearing either in person or through an advocate, as he might be a witness in the inquest.

So far, 11 of 44 witnesses have testified, including Tecra's mother Tabitha, brother James Karanja and house help Anne Waithera.


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