Anglo Leasing suspects set free after seven years

By Wahome Thuku

Former Finance PS Joseph Magari has been acquitted of corruption charges over the Anglo Leasing scandal.

Together with David Lumumba and Wilson Sitonik, they were acquitted of abuse of office charges after more that seven years of trial.

But former Home Affairs PS, Sylvester Mwandime Mwaliko, was not lucky as the court ruled that he had a case to answer. Chief Magistrate Lucy Nyambura allowed Mwaliko two weeks to prepare for his defence.

The four had been jointly charged with various counts of abusing office in relation to a multi-billion contract awarded to Anglo Leasing for purchase, supply and installation of a new passport issuing system in the Home Affairs Ministry.

They also faced charges of failing to comply with the procurement laws. The Kenya Anti-Corruption Commission claimed the offences were committed in 2003.

The Anglo Leasing affair was one of the mega scandals that faced both the Moi and Kibaki administrations.

The case has been pending in court and has moved from the Anti-Corruption Court to the High Court and back in the past five years.

More than 22 witnesses testified, among them former Finance Minister David Mwiraria and former Attorney General Amos Wako. Mwiraria defended Magari saying he approved the contract because he believed it was a noble project.

Both Wako and Mwiraria told the court that all the moneys paid to Anglo Leasing were returned to the Treasury after the contract was discovered to be invalid. But Mwiraria said he did not know who wired the money back to the Treasury.

Through lawyer Fred Ngatia, the former Finance PS argued that evidence adduced had exonerated him entirely from any wrongdoing. The magistrate concurred that Magari did not commit any crime, saying he acted on special instruction of the minister.