COURT DECLINES KAMANI’S BID TO STOP PROSECUTION.

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KAMANI BROTHERS LOSE CASE (4)
Deepak Kamani lawyer Senior counsel Ahmednasir Abdulahi (left),together with Deepak Kamani, leaving Milimani law courts after the high court dismissed the application in which Deepak, his brother Rashmi and Father Shamnral Kamani had filed seeking to stop their prosecution in the Anglo-leasing over security tendering on Friday 18 September ,2015.
BY SAM ALFAN.
The Kamini’s family who are facing criminal trial over the Anglo Leasing scandal, have lost bid to quash the anti corruption case
High court Judge Justice George Odunga, dismissed the application for judicial review on grounds that the applicants Kamni’s did not demonstrate to the court they will get fair trial.
The judge said allegation brought against them can only be determined by the trial court as the judicial review court can not interfere wit matter before the lower court if it has not been shown that justice will not be rendered to the applicants.
Justice Odunga further said from the evidence shown by the office of the DPP indicates that despite the fact that former AG Amos Wako gave an opinion over the contract it appears fraudulent acts happened during the execution of the contract.
He said that its for reason the government terminated the contracts, saying he his not the position to determine what exactly happened that is for the trial court which will receive evidence from the prosecution.
The judge further held that he can not overturn the decision of the DPP to charge them without evidence being adduced
Justice Odunda said that. Deepak Kamani, his brother Rashmi Kamani and their father Chamanlal Kamani have denied having links with companies that were awarded the contracts.
It will upon the prosecution before the trial court to prove them wrong on their defence.
KAMANI BROTHERS CASE JUDGEMENT (2)

The companies listed as having benefited from the Sh18 billion contracts were Sound Day Corporation, Apex Finance Corporation, Anglo Leasing and Finance Limited, Infotalent Limited, Globetel Incorporated and Midland Finance and Securities Limited.
The Anglo leasing contracts which link the Kamanis family to corruption case was signed with the consent of several former government ministers the court was told during hearing of the judicial review application,
The contracts were not signed secretly has claimed by Ethics and Anti- corruption commission.
Lawyer Ahmednasir Abdullahi had told the court that the criminal case brought against his clients is selective and very many people who were involved in the signing of the contracts were left out of the indictment.
The court that the government through its chief legal adviser having his opinion of the contract and gave it clean bill of health a criminal case can not be preferred against his clients.
The former attorney general Amos Wako was satisfied that commercial contracts signed by the companies which were properly registered can not be said to have involved in corruption.
The criminal case is brought in bad faith and the court issue an order to have it quashed.
Wako had given green light after examining the documents that formed part of the contract, he told court
He said that the contract awarded to Intotalent Company limited was to implement a proposal to computerize the Kenya police department systems and was not opposed.
The AG had the power to rejects the award of the contracts but he never did so, he said.
Mr Ahmednasir submitted that the contracts were 60 per cent performed and money was duly paid.
The court heard that if the government was aggrieved with performance of the contract it should have filed a civil suit to recover money lost on unsupplied goods or services.
The contracts were lawful and valid, the legal opinion of the chief government adviser has never been challenged, the court heard.
Last year the accused moved to court to stop the Kenyan government from releasing information to the Swiss authorities in relation to the controversial Anglo Leasing contracts.
They are linked to companies that were awarded 13 out of 18 Anglo Leasing security contracts. The remaining five went to Sri Lankan businessman Anura Perera, who was since been paid Sh1.4 billion by the government.

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