Nairobi, Kenya - Two businessmen charged with the Anglo Leasing scam in which the government lost Sh8 billion can now travel out of the country to attend to family and business matters after a Nairobi court ordered them to be given their passports pending hearing of their case.
Milimani Principal Magistrate Doreen Mulekyo said the two brothers, Rashmi Kamani and Deepak Kamani have shown the court that they will not abscond the hearing of their case.
Rashmi had given an indication to the court that he wants to visit his ailing wife in Dubai while his brother Depaak seeks to depart to India, Pakistan and China for business engagements.
Ms Mulekyo said the two brothers were arraigned in court pursuant to the warrant of arrest but they voluntarily presented themselves to court.
“The accused persons demonstrated obedience to the court by depositing their travel documents and it is therefore highly unlikely that the two would go against societal norms by abandoning their aged father whom they are jointly charged,” Ms Mulekyo said her ruling.
She overruled the prosecution’s objection to the release of the documents on the grounds that they had demonstrated respect for the courts when they presented themselves for trial without a warrant of arrest being issued against them.
She also ordered Rashmi and Depaak to have the travel documents returned to the trial court before the commencement of their trial on July 20.
However the magistrate said should the investigator require their presence during the said period he will be at liberty to move to court to have them recalled.
Director of Public Prosecution Keriako Tobiko had strongly opposed the release of their passports on grounds that travel documents was part of the condition set by the court to grant them bail.
The DPP argued that the renewed application by the accused seeking variation is against the conditions set on March 5.