Three former government officials and two businessmen, who were facing fraud charges in the Anglo Leasing case, were acquitted on Friday due to a lack of evidence.
During proceedings in a Nairobi court, Chief Magistrate Felix Kombo ruled that Dave Mwangi, Joseph Magari, Joseph Onyonka, and businessmen Deepak and Rashmi Kamani were “innocent”.
The judge further ruled that they had been charged irregularly.
“After examining the evidence presented in court, I have concluded that the prosecution has failed to prove a case against the accused warranting putting them on their defense and therefore acquit them for lack of evidence,” declared Chief Magistrate Felix Kombo.
Kombo also highlighted glaring contradictions and inconsistencies in the prosecution’s case and suggested that the suspects might have been charged selectively.
He noted that individuals intimately familiar with the procedures, such as former Attorney General Amos Wako and his assistant Dorcas Achapa, were never brought to trial.
The magistrate dismissed the assertion that Sounday Incorporation, the company in question, was non-existent, emphasizing its long history of dealings with the Government of Kenya since the 90s.
Kombo further ruled that proper procurement procedures were followed, and the budget allocation for the project was in order, based on the evidence presented in court.
“The government had a legal obligation to pay the contractual fees,” the magistrate added, refuting claims that the project had not been budgeted for.
Regarding allegations that the company in question was a shell company used for money laundering, Kombo found no evidence to support the state’s claim. He emphasized that Sounday was known in government circles since the 1990s and could not be considered a phantom company.
The magistrate criticized a UK-based witness, purportedly an offshore fraud expert, for failing to prove that Sounday was a shell company. Kombo stated that the witness exceeded his role by transforming into an investigator.
Kombo raised concerns about selective prosecution, stating that the state “cherry-picked” suspects while leaving out those intimately involved in the procedures.
He concluded that there was no evidence of involvement in a conspiracy and agreed with the defense’s submission that the prosecution purposefully avoided calling witnesses who could have challenged its case.
Documents presented in court confirmed that Soundday was a registered company incorporated in the British Virgin Islands on September 21, 1989.
