- A Nairobi court struck out on Monday several documents obtained from Switzerland for use in the ongoing trial of suspects linked to the Anglo Leasing scandal.
- Chief Magistrate Felix Kombo struck out documents obtained more than a decade ago, saying they were not properly preserved before being forwarded to Kenya.
- Some of the documents were obtained through two requests for mutual legal assistance addressed to the United Kingdom and the Swiss Confederation.
A Nairobi court struck out on Monday several documents obtained from Switzerland for use in the ongoing trial of suspects linked to the Anglo Leasing scandal.
Chief Justice Felix Kombo struck out documents obtained more than a decade ago, saying they were not properly preserved before being forwarded to Kenya.
Some of the documents were obtained through two requests for mutual legal assistance addressed to the United Kingdom and the Swiss Confederation.
Both requests were made by the director of the Kenya Anti-Corruption Commission, Aaron Ringera, between 2007 and 2008.
âIn conclusion, I conclude that much of the evidence requested here, which was obtained through a mutual legal assistance request from the Republic of Kenya to the Swiss Confederation, fails the integrity test and its value may have been degraded as falsification, following a poorly managed mutual legal assistance process, âKombo said.
The Swiss government said it had opened an investigation against the Kamani for money laundering, after receiving a request for legal assistance from the now defunct Kenya Anti-Corruption Commission in 2008.
The Swiss said the businessmen were suspected of having participated in the formulation of several multi-million dollar contracts which were tainted with irregularities.
The contracts were for the supply of security equipment to the Kenya Police, the immigration security document control system and the computerization of the security system.
Lawyers Ahmednasir Abdullahi and Caren Sadia representing Rashmi and Deepak Kamani objected to the use of the documents, citing legal flaws in the acquisition, conservation and method of presentation.
They argued that the documents, which were obtained from Switzerland, remained in a private law firm of Dr Marc Henzeline for three years and who shared them with his staff before they were sent to the prosecutor. General of Kenya.
The court agreed, saying: âI also find that the defense has demonstrated that a number of abnormal things occurred during the period when the documents were in the custody of Dr Marc Henzelin of La Live Attorneys Geneva, and before their transmission to the Republic of Kenya.
The magistrate said that although it can be said that at this stage the transmission had been completed and that technically the documents were in “Kenyan hands”, a serious problem concerning the state of conservation and the integrity of the documents. documents at the time arises.
“Based on the foregoing, I have come to the conclusion that the documents received by Dr Marc Henzelin from La Live Attorneys Geneva, on behalf of the Attorney General of the Republic of Kenya, by proxy, were not, during the custody of Dr Marc Henzelin and La Live Avocats, properly preserved in order to ensure their integrity and their probative value in this trial, âhe declared.
The court, however, allowed the use of several documents obtained from the UK, saying they were admissible as secondary evidence under section 68 (2) (c) of the Evidence Act.
In this case, the Kamani are indicted alongside former government officials Joseph Magari, Joseph Onyonka and Dave Mwangi.
They have denied charges of conspiracy to defraud the government through Anglo Leasing contracts.
The case was adjourned until October 8.