The Director of Public Prosecutions (DPP) has went ahead to block attempts by some accused persons to halt the long-running Anglo Leasing criminal case, urging the court of Appeal to allow the proceeding of the trial without interruption.
DPP Renson Ingonga is opposing an application filed by two businessmen, Rashmi Chamanlal Kamani and Deepak Kumar Kamani, who are challenging the decision of the High Court that placed them on their defence after the prosecution established a prima facie case against them.
The duo has pleaded with the Court of Appeal to carry out an independent and comprehensive review of the trial court’s findings.
DPP however, argues that at this stage, such a review would prejudice the ongoing proceedings and interfere with the trial court’s mandate to assess the evidence independently.
The DPP, through the Assistant Director of Public Prosecutions Jami Yamina, submitted that the court acted properly and should not be in fault for declining to issue detailed reasoning that could influence the trial court’s judgement.
Yamina maintained that the prosecution had already met the legal threshold required to place the accused on their defence. He further argued that no exceptional circumstances had been presented to justify a stay of the proceedings.
“There are adequate procedural and evidential safeguards available to the applicants as they mount their defence, including their right to remain silent if they believe they may be compelled to fill gaps in the prosecution’s case,” Yamina submitted.
The appellate court has been therefore urged by the DPP to dismiss the application and allow the case to be determined on its merits.
The appeal draws its roots from a ruling by Justice Benjamin Musyoki of the Anti-Corruption and Economic Crimes Division, who set aside an earlier decision that had acquitted the accused under Section 210 of the Criminal Procedure Code for lack of prima facie case.
The accused include former senior government officials and members of the Kamani family, who faced charges of conspiring to defraud the government of €40 million through a 2003 police modernization contract.
Justice Musyoki ordered that the accused to be placed on their defence and directed that the matter be mentioned before the Anti-Corruption Chief Magistrate’s Court on August 7, 2025, with all the accused persons required to appear in person.
