The Director of Public Prosecutions (DPP) has opposed an application by the accused persons in the multi-billion shilling Anglo Leasing scandal seeking to have their defence heard by the same magistrate who had earlier acquitted them.
During proceedings at the Milimani Chief Magistrate’s Court today, the defence team for the accused requested that the case be transferred to Chief Magistrate Felix Kombo, who had on January 19, 2024, acquitted the accused under Section 210 of the Criminal Procedure Code.
However, the High Court overturned that acquittal following a successful appeal by the DPP, ruling that the trial court had erred in discharging the accused without requiring them to present their defence. The appellate court found that a prima facie case had indeed been established, warranting a full hearing of the defence case.
In their objection, prosecutors Jeremiah Walusala and Christine Marete, appearing for the DPP, urged the court to assign the case to any available magistrate at the Milimani Law Courts, rather than returning it to a magistrate previously involved in the matter. They argued that doing so would ensure expeditious handling of a case that has dragged on for over a decade.
They also cautioned that reassigning the case to a magistrate currently on transfer could cause unnecessary delays, potentially derailing the path to justice.
“The term ‘trial court’ refers to the court currently seized of the matter, not necessarily the one that previously heard it,” the prosecution submitted.
The High Court had previously ruled that the DPP had successfully demonstrated a prima facie case against several of the accused persons, including the late former Finance Minister David Mwiraria, Dave Munya Mwangi, and Joseph Mbui Magari, for charges including Engaging in a project without prior planning, Wilful failure to comply with procurement laws,Abuse of office (two counts) and Conspiracy to defraud.
In addition, David Lumumba Onyonka and Rashmi Chamanlal Kamani were found to have a case to answer for the fraudulent acquisition of public property and an alternative charge of dealing with suspected property.
The charges stem from a controversial contract between the Government of Kenya and Sound Day Corporation, a foreign company, for the modernization of police security equipment and accessories — an agreement described as a Supplier’s Credit Contract.Initially, ten individuals had been charged in connection with the case. However, charges against three were withdrawn after they could not be located, while two others passed away during the lengthy trial.
Chief Magistrate Harrison Barasa is set to deliver a ruling on August 11, 2025, on whether the defence will proceed before the former trial magistrate or be assigned to a different court.
