Three former Permanent Secretaries (PSs) facing corruption charges in the infamous Sh3.5 billion Anglo Leasing scandal are now seeking to be tried separately from their co-accused, businessmen Deepak Kamani and Rashmi Kamani.
Appearing before Chief Magistrate Harrison Barasa at the Milimani Anti-Corruption Court on Friday, the former PSs Joseph Magari (Finance), Dave Mwangi (Provincial Administration), and David Onyonka (Home Affairs) urged the court to separate their trial from that of the Kamani brothers, citing likely delays if the matter proceeds jointly.
Through their lawyer, Senior Counsel Fred Ngatia, the PSs argued that the interests of justice would be best served through a separate trial, as the Kamanis have indicated they intend to appeal a recent High Court decision reinstating charges against them.
“The application by the Kamanis to appeal the ruling will likely delay the trial,” Ngatia told the court.
“Since the other accused persons are ready to proceed with their defence, we ask that their trial be severed.”
Ngatia explained that the only joint charge linking the PSs and the Kamanis conspiracy to defraud the Government of Kenya was already dismissed by the trial court, and that acquittal was later upheld by the High Court.
Ngatia further submitted that with the conspiracy charge dismissed, the remaining counts differ for the two groups of accused.
“What unfolds is that there are now two parallel lines. On one side, there are the PSs, with certain counts unique to them. On the other side, there are the Kamanis, with counts specific to them,” he explained.
“Even if the trial were to proceed jointly before you, it would essentially be two trials within one, but very distinct.
”Ngatia emphasized that the PSs are eager to proceed with the defence hearing, citing the constitutional requirement for trials to be concluded within a reasonable time.
“The position of the three PSs is to proceed with the hearing of the defence.That position is founded on the principle that criminal trials must conclude within a reasonable time,” he said.
While acknowledging the Kamanis’ right to appeal, Ngatia raised concern about the likely delays.“We are mindful that proceedings at the Court of Appeal typically take around three years,” he noted.
”Ngatia also pointed to Section 285 of the Criminal Procedure Code (CPC), which allows the court discretion to order separate trials where continued joinder may cause prejudice or embarrassment.
The prosecution fully supported Ngatia’s application.
“We do not have a stay order from the Court of Appeal adduced before this court by the Kamanis,” the state prosecutor told the magistrate.
“We therefore urge the court to allow fixing of dates for the defence hearing.”
However, the Kamanis’ lawyer opposed the application for separate trials and urged the court to stay proceedings pending determination of their intended appeal.
“We urge this honorable court to stay these proceedings to allow the Court of Appeal to hear and determine the intended appeal,” she submitted.
“That would avoid embarrassment if the appellate court were to allow the appeal.”
Magistrate Barasa reserved his ruling on both the application for a separate trial and the stay request by the Kamanis.
The decision will be delivered on Tuesday, August 26, 2025.
