No electronic evidence in Sh7bn Anglo Leasing case – Business Daily
Director of Public Prosecutions, Noordin Haji. PHOTO | JEFF ANGOTE | NMG
The Director of Public Prosecutions Noordin Haji has suffered a blow in one of the Anglo Leasing scandal cases after a court barred him from producing electronic evidence obtained from Swiss authorities relating to fraud of Sh7.1 billion.
Justice Esther Maina said the documentary evidence did not meet the admissibility threshold because the prosecution failed to produce a certificate indicating how the evidence was procured and processed as required by the law.
The judge dismissed a request filed by the case prosecutor Eva Kanyuira seeking review of trial court’s decision to strike out the evidence that the DPP intended to use to nail down the suspects including businessmen Deepak Kamani and his brother Rashmi Kamani.
Other suspects in the case include former permanent secretaries Dave Mwangi (Security) and Joseph Magari (Finance) former head of debt management at the Treasury David Onyonka and Infotalent limited.
They are charged with conspiracy to defraud the government Euros 59,688,250 (Sh7,111,402,461) through one of the Anglo-Leasing type contracts described as Kenya E-cops security project. The evidence that prosecution has been barred from produced was sent to Ethics and Anti-Corruption Commission seven years ago in two sets of documents.
One set was contained in a flash disc while the other was shipped through courier services. The evidence was obtained from the Swiss authorities through Mutual Legal Assistance.
Upholding the lower court’s decision Wednesday, Justice Maina said the trial magistrate was correct in striking out the documentary evidence since the prosecution failed to follow the legal procedure of producing the electronic evidence.
The trial magistrate Martha Mutuku in a ruling dated February 18, 2022 had noted that the evidence was in electronic form and was not accompanied by a certificate as required under the Evidence Act.
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