By Samuel Ouma
The High Court in Nairobi has overturned the acquittal of seven individuals linked to the infamous Anglo Leasing scandal and ordered that they be placed on their defence.
The decision, delivered by Justice Benjamin Musyoki of the Anti-Corruption and Economic Crimes Division, marks a significant victory for the Office of the Director of Public Prosecutions (ODPP), which had appealed the January 2024 ruling that had cleared the suspects.
Justice Musyoki ruled that the trial court had erred in acquitting the accused, stating that the prosecution had presented sufficient evidence to warrant a full defence hearing.
The accused individuals include high-ranking former government officials and well-known businessmen. They are the late David Mwiraria, who served as Finance Minister; Dave Munya Mwangi, former Permanent Secretary in the Office of the President; Joseph Mbui Magari, former PS in the Ministry of Finance; David Lumumba Onyonka; and businessmen Rashmi Chamanlal Kamani, Deepak Kumar Kamani, and Chamanlal Vrajlal Kamani.
The charges against them relate to a fraudulent Supplier’s Credit Agreement dated December 17, 2003, for the alleged modernisation of police security equipment.
According to the prosecution, the agreement was executed without proper planning or adherence to procurement laws. The Kamani family is accused of receiving €1.2 million on April 14, 2004, through offshore accounts held in Switzerland under the names Apex Finance Corporation Ltd and Apex Finance International Corporation Ltd. In total, the conspiracy is said to have cost the Kenyan government €40 million (approximately Ksh6 billion).
The ODPP filed its appeal on January 29, 2024, after the trial court acquitted the accused under Section 210 of the Criminal Procedure Code. The trial magistrate had ruled that the 37 witnesses presented by the prosecution had failed to establish a prima facie case. However, the High Court found that the evidence presented was adequate to warrant a defence.
Justice Musyoki ordered that the matter be mentioned before the Anti-Corruption Chief Magistrate’s Court on August 7, 2025, and directed all the accused to appear in person. The case, which has lingered in the courts for nearly two decades, could now move to a full trial—an unusual development in high-profile economic crimes in Kenya.
The Anglo Leasing affair, first exposed in the early 2000s, involved more than a dozen questionable security procurement deals, many linked to offshore companies. It has come to symbolise deep-rooted corruption and the challenge of achieving justice in cases involving powerful individuals.
“The Anglo Leasing scandal, one of Kenya’s longest-running corruption cases, has remained a symbol of impunity and stalled justice for nearly two decades,” said ODPP.
