MWIRARIA FIT TO FACE ANGLO LEASING TRIAL, COURT RULES.

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Former Finance minister David Mwiraria who has been summoned to appear in court on October 23 to face charges over the sh10 billion Anglo leasing scandals.
BY SAM ALFAN.
The Nairobi Anti-corruption court on Tuesday summoned former Finance minister David Mwiraria to appear in court on October 23 and answer to the charges related to over Sh 10billion Anglo Leasing scandal.
Principal Magistrate Felix Kombo issued the summons following application by prosecution led by Mr B. Mutuku that the former powerful cabinet minister and close confidant of retired president Mwai Kibaki is now well to plead to the charges against him.
He informed the court that the position of Director of Public Prosecutions (DPP) Keriako Tobiko is that Mwiraria should take plea, according to medical report he is now fit for plea taking.
However, the Magistrate allowed the prosecution request and issued summons against Mwiraria to appear in court for plea taking.
On June 26, 2015 the court directed that the ailing Mwiraria be tested by a government doctor to ascertain if he can be arraigned in court to face corruption charges related to Anglo Leasing saga.
The court requested for an independent report alongside that of his doctor Prof Peter Ndagwatha, which indicated that the minister is critically ill and therefore, not fit to be on the dock.
His lawyer Kioko Kilukumi, told the court that the former powerful minister is battling with cancer in hospital. “Mr Mwiraria is terminally ill. He has been having cancer for a long time and thus we
are suggesting that we mention the case in a month’s time to have a report from his doctors and those who will be appointed by the prosecution,” Kilukumi said.
The former minister is to face charges together with 13 other individuals for their role in the multi-scam, but he never appeared on grounds that he was in hospital.
He is jointly charged alongside businessman Deepak Kamani, his father Chamanlal Kamani and brother Rashmi Kamani,
The other accused persons included Kisii Senator Chris Obure, former Postmaster General Francis Chahonyo and former PSs Sammy Kyungu (Communication), Joseph Magari (Treasury) and Dave Mwangi (Internal Security) and David Onyonka, former head of debt management at the Treasury, and former Finance secretary Samuel Bundotich.
Mwiraria alone is faced with four counts of conspiracy to commit an economic crime and to defraud the government of Sh4.08 billion.
Another count reads that he is accused of engaging in a project without prior planning. He is also accused of allowing the financing of a project intended to upgrade police and other security systems
dubbed ‘E-Cops’ valued at Sh6.08 billion.

The former minister resigned from the finance docket in 2006 after he was adversely cited in a report on graft by the then adviser to former President Mwai Kibaki on ethics and integrity John Githongo.
The Kamani’s are named among companies that were awarded 13 out of 18 Anglo Leasing security contracts.
On Friday last week,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 cannot interfere with 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 it’s for reason the government terminated the contracts, saying he is 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 cannot 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.
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.

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