Team objects Anglo Leasing documents

The defence in the Sh3.5 billion Anglo Leasing case has disputed the authenticity of the  32 documents that the prosecution had intended to use.

According to defence lawyer Ahmednasir Abudullahi, they objected to the production of the documents as evidence in the case on four legal grounds.

“We will be objecting to the documents and we undertake to file an inventory, which will raise four grounds of objection to the documents in question being used in the case,” he said.

State Counsel

The prosecution through State Counsel Mary Gateru had intended to table 146 documents relating to the case in which the late former finance minister David Mwiraria, Joseph Magari, Dave Mwangi and David Onyonka and three businessmen are charged  with conspiracy to defraud the government.

The parties agreed that part of the documents that are not in dispute be presented and marked as exhibits in the matter.

However, the questioned documents remained unmarked and can only be admitted after the parties present their arguments and the court makes a finding on whether they can be used or not.

“We have received an informal notice of objection contesting the documents from the defence,” State Counsel Gateru said.

Trial magistrate Felix Kombo, directed the defence team to file their inventory by today and return to court on August 5 for  “oral submissions” on the matter.

The production of the documents comes after Investigating Officer Ignatius Wekesa completed his evidence-in-chief in the long drawn case.

Among the documents are copies of correspondence from the OP, Treasury, Immigration and Mutual Legal Assistance(MLA) details supplied to former Kenya Anti-Corruption Commission, now EACC, by Britain government.

They are likely to be contested on grounds of authorship, how they were obtained, the authenticity of signatures among others.

The government had entered into a contract with the directors of Sound Day Corporation Company incorporated in the British Virgin Islands to supply police security equipment.

The Kamani brothers, Mwangi, Magari and Onyonka were charged in 2015 with conspiracy to defraud the government of billions of shillings. 

In the case the former senior government officials and the three businessmen were charged in 2015 with conspiracy to defraud the government  Euros 40 million (Sh 3.9 billion).