Connect with us

General News

Kenya: Court Rejects Graft Evidence Kenya Got From Switzerland

Published

4 years ago

on

[ad_1]

The anti-corruption court has blocked the Director of Public Prosecutions (DPP) from tabling a section of documentary evidence against three suspects in one of the multibillion-shilling Anglo Leasing cases.

The DPP wanted to produce 11 documents obtained through two requests for Mutual Legal Assistance (MLA) to Switzerland seven years ago.

They include the Sh3.5 billion contract for modernisation of police security equipment and accessories.

The DPP wanted to use the documents against businessmen Deepak Kamani, Rashmi Kamani and Chemanlal Kamani, who are under trial for conspiracy to defraud the government of €59,688,250.

The documents allegedly showed movement of money that the State believed was siphoned from the public coffers by government officials, businessmen and proprietors of overseas fictitious companies.

Chief magistrate Felix Kombo said they could not be admitted as evidence for being “uncertified public documents”. The documents failed to meet the integrity test related to preservation and handling of evidentiary materials to prevent any tampering.

The court found that the mere demonstration that there was an unbroken chain of custody and transmission of the evidence between Kenya and Switzerland does not suffice.

“So much of the evidence sought to be admitted herein, which was obtained through an MLA request by the Republic of Kenya to the Swiss Confederation, fails the test of integrity. Its value may have been degraded from tampering, as a result of an MLA process that was mishandled,” said the magistrate.

He was ruling on an objection raised by defence lawyers who had argued that the prosecution had failed to comply with the law or procedures governing MLA and legal requirement of certification.

Led by lawyers Ahmednassir Abdullahi and Caren Sadia, the defence argued that there was non-compliance with the legal requirements and procedures for production of electronic evidence and the requirements of Section 66 and 67 of the Evidence Act.

Kenya had made two requests for evidence in the Anglo Leasing scam to the United Kingdom and the Swiss Confederation.

Both requests were made by the Director of then Kenya Anti-Corruption Commission (KACC) Justice Aaron Ringera (retired).

The request to the UK was made on August 29, 2007, while that to the Swiss Confederation was made on May 6, 2008. The materials were delivered to Kenya in 2015.

Defence lawyers argued that the law governing MLA process in Kenya, Act No. 36 came into force in December 2011. At the time of making the requests, the law was not in existence. To the Swiss Confederation, Kenya made two request, one signed by Justice Ringera and the other by then Attorney-General Amos Wako.