High Court Overturns Anglo Leasing Acquittals, Orders Trial

NAIROBI, Kenya, Aug 1 – The High Court has overturned the acquittal of seven individuals linked to the Anglo Leasing scandal, ordering the trial of the suspects in Kenya’s longest-running graft cases.

Justice Benjamin Musyoki of the Anti-Corruption and Economic Crimes Division set aside the January 19, 2024 ruling by the trial magistrate that had freed the suspects after finding no case to answer.

The decision followed a successful appeal by the Office of the Director of Public Prosecutions (ODPP), which argued that the trial court had failed to properly evaluate evidence presented by the State.

“This judgment is a significant step in reaffirming the principle that those accused of economic crimes must be held accountable if there is sufficient evidence to warrant their defence,” the ODPP said while welcoming the decision on Friday.

The accused include former Finance Minister David Mwiraria (now deceased), former Permanent Secretary in the Office of the President Dave Munya Mwangi, former Finance PS Joseph Mbui Magari, and David Lumumba Onyonka. Businessmen Rashmi Chamanlal Kamani, Deepak Kumar Kamani, and Chamanlal Vrajlal Kamani are also among those facing charges.

Police equipment modernization scheme

They are accused of conspiring to defraud the government of €40 million through a purported Supplier’s Credit Agreement for the modernization of police equipment dated December 17, 2003.

Court records show that between October 30, 2003, and April 14, 2004, the Kamani family allegedly received €1.2 million from the Ministry of Finance through offshore accounts in Switzerland operated by Apex Finance Corporation Ltd and Apex Finance International Corporation Ltd, purportedly to finance the police project.

In addition to conspiracy and fraud, Mwiraria, Mwangi, Magari, and Onyonka also face charges of engaging in a project without prior planning, wilful failure to follow procurement laws, and abuse of office.

The prosecution, led by Senior Assistant Director of Public Prosecutions George Mong’are said in a statement, had called 37 witnesses during the trial, but the magistrate ruled that the evidence was insufficient to warrant a defence, acquitting the accused under Section 210 of the Criminal Procedure Code.

Dissatisfied with the ruling, the DPP lodged an appeal on January 29, 2024.

“We were convinced that the trial court erred in both law and fact by disregarding compelling evidence that demonstrated the existence of a prima facie case,” the DPP stated.

“This ruling restores confidence that economic crimes of such magnitude cannot simply be wished away.”

Justice Musyoki directed the matter to be mentioned before the Anti-Corruption Chief Magistrate’s Court on August 7, 2025, with all accused persons required to appear in person.

The Anglo Leasing scandal, first exposed in the early 2000s, has long been viewed as a symbol of entrenched impunity in Kenya, with the case dragging on for nearly two decades without substantive convictions.