Anglo Leasing case a waste of time, says lawyer
By Fred Makana | June 17th 2015
The Anglo Leasing case against three members of the Kamani family is an abuse of the court process and should be terminated, the High Court has been told.
Lawyer Ahmednasir Abdullahi, yesterday told Justice George Odunga that a former AG, Commissioner of Police and Cabinet ministers were involved in the signing of the contracts and no criminal charges should have been preferred against his clients.
Mr Abdullahi argued that it was wrong to prosecute the three in relation to the Anglo Leasing contracts yet the Government, through its chief legal adviser, gave the deal a clean bill of health.
The contracts, according to the lawyer who is representing Deepak Kamani, his brother Rashmi Kamani and their father Chamanlal Kamani in the case, were not signed secretly as claimed by Ethics and Anti-Corruption Commission (EACC).
He also contended that the contract were lawful and valid as the legal opinion of former Attorney General Amos Wako on the deal has never been challenged.
“There was no offence committed by the Kamanis family and the case before the court is in breach of articles 21, 27, 5 and 57 of the Constitution,” the lawyer told the court.
He took a swipe at the office of the Director of Public Prosecutions and EACC for ignoring two orders issued the High Court that no criminal charges should be preferred on individuals involved in the Anglo Leasing contracts since the case was civil in nature.
“The criminal case was brought in bad faith and the court issued an order to have it quashed,” Abdullahi said. He also contended that the criminal proceedings against the three were selective as several people who were involved in the signing of the contract were left out.
They are linked to companies that were awarded 13 out of 18 Anglo Leasing security contracts.
The other five contracts were awarded to Sri Lankan businessman Anura Perera, who was recently paid Sh1.4 billion by the Government.
The hearing continues.
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