An investigating officer has admitted they did not confirm the registration of a company at the centre of the multi-billion shillings Anglo-leasing scandal.
Ignatius Wekesa also told trial magistrate Felix Kombo that they might have initiated the case prematurely without having details concerning the registration and existence of Sound Day Corporation.
“At the time, the prosecution commenced, we did not know the directors of the company. We were also not aware that Sound Day had had previous engagements with the government of Kenya since 1989 and had been supplying security apparatus,” said Wekesa.
The investigating officer was testifying in the case where businessmen Deepak Kamani and his brother Rashmi Kamani are charged with conspiracy to defraud the government through the Anglo-Leasing contracts.
They are charged alongside former Permanent Secretaries Dave Mwangi and Joseph Magari, and former head of debt management at the Treasury David Onyonka.
It is alleged that they conspired to defraud Sh6.5 billion through computerisation of police projects, unlawfully acquired Sh121 million to modernize police surveillance systems, failing to comply with procurement rules and engaging in the project without proper planning.
Wekesa was being cross examined by senior counsel Ahmednassir Abdullahi and stated that the details of Sound Day Company which supplied the police equipments had not been fully ascertained when he made a recommendation for prosecution.
He confirmed that the documents presented in the trial court showing Sound Day was a registered company and was incorporated in the British Virgin Islands in September 21 1989 were genuine.
Wekesa concurred that in light of the documents ascertaining the existence of the company, the charges “were no longer tenable” having been built on the presumption that it was a fictional entity.
When he was shown the evidences of the witnesses, the witness said those were their own personal opinions and insisted there had been a conspiracy. The hearing continues.