The Office of the Director of Public Prosecutions (ODPP) has expressed dissatisfaction with a move by the court to dismiss key evidence in a case against 7 Anglo Leasing scam suspects.

Director of Public Prosecutions Noordin Haji’s office announced on social media that it will file an appeal against the decision by the court to reject the crucial evidence in the case.

“The ODPP is dissatisfied by the court ruling in the Anglo-leasing case (DPP vs. Deepak Kamani and 6 others) for failure to admit evidence obtained through Mutual Legal Assistance from Switzerland. The Office will make the necessary application to overturn the decision,” the ODPP tweeted.

Most of the evidence gotten from Swiss authorities to pin down members of the Kamani family and 6 others in the Sh3.5 billion scam was rejected by a Nairobi anti-corruption court on Tuesday.

In his ruling, magistrate Felix Kombo said a lot of evidence had been obtained through a Mutual Legal Assistance request by Kenya to Switzerland did not meet the integrity test.

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Noordin Haji. PHOTO/COURTESY

“Its value may have been degraded from tampering, as a result of an MLA process that was mishandled,” said Kombo in his ruling on the evidence from Switzerland and the UK.

The court found the documents were not certified as true copies of the original documents gotten from Swiss authorities, including payment vouchers from the office of the President.

The requests to the UK and Swiss Confederation were made by the then Kenya Anti-Corruption Commission director Aaron Ringera in 2007 and 2008 respectively.

Defence lawyers Ahmednasir Abdullahi and Edward Oonge had objected to the production of the documents raising issues with the way the particular evidence was preserved.


The Kamani brothers and Ahmednasir Abdullahi. PHOTO/COURTESY  

Rashmi, Chemanlal and Deepak Kamani are accused of committing economic crimes alongside the late David Mwiraria, former PS David Mwangi, David Onyonka, Joseph Magari, Apex Finance and Sound Day Corporation.

They are alleged to have conspired with others to engage in a plot to defraud Kenya government Sh3.5 billion between October 30, 2003, and April 14, 2004, in Nairobi.