Rashmi Chamanlal Kamani and Deepak Kumar Kamani have petitioned the Court of Appeal seeking to overturn a High Court decision that placed them on their defence after prosecutors established a prima facie case against them.

The duo wants the appellate court to conduct what they describe as an independent and comprehensive review of the lower court’s ruling.

However, Director of Public Prosecutions Renson Ingonga has firmly resisted the application, arguing that the trial must proceed without interruption.

Through Assistant Director of Public Prosecutions Jami Yamina, the prosecution has maintained that allowing such a review would undermine the integrity of the ongoing trial.

“There are sufficient procedural and evidential safeguards available to the applicants should they proceed to mount their defence, including invoking their right to remain silent if they believe they would otherwise be required to fill gaps in the prosecution’s case,” Yamina submitted to the court.

The DPP’s office contends that such a review by the appellate court would prejudice the trial court’s ability to make independent findings.

Yamina emphasized that the High Court should not be faulted for not providing full reasoning at this stage, as doing so would equally compromise the trial court’s capacity to independently evaluate the evidence.

Yamina further argued that the applicants had failed to demonstrate exceptional circumstances that would justify halting the proceedings, and urged the Court of Appeal to dismiss the application and allow the trial to run its full course.

The current legal battle stems from a January 19, 2024 ruling by a trial magistrate who had acquitted all accused persons, finding that prosecutors had not established a prima facie case.

The DPP challenged this decision, and Justice Benjamin Musyoki of the Anti-Corruption and Economic Crimes Division subsequently set aside the acquittal, determining that the evidence did warrant placing the accused on their defence.

Justice Musyoki directed that the matter be mentioned before the Anti-Corruption Chief Magistrate’s Court on August 7, 2025, with all accused persons required to appear in person.

The case involves a roster of former high-ranking government officials and businessmen accused of orchestrating one of Kenya’s most notorious corruption scandals.

Among the accused are former Finance Minister David Mwiraria (now deceased), Dave Munya Mwangi (former Permanent Secretary in the Office of the President), Joseph Mbui Magari (former Permanent Secretary in the Ministry of Finance), and David Lumumba Onyonka.

The Kamani family members Rashmi Chamanlal Kamani, Deepak Kumar Kamani, and their late father Chamanlal Vrajlal Kamani, also face serious allegations.

At the heart of the case is an allegation that the accused conspired to defraud the Government of Kenya of 40 million Euros through a purported Supplier’s Credit Agreement for the modernization of police security equipment and accessories, dated December 17, 2003.

The offences allegedly occurred between October 30, 2003, and April 14, 2004, in Nairobi.

The three Kamani family members face an additional charge of fraudulent acquisition of public property.

According to court records, on or about April 14, 2004, they allegedly received 1.2 million Euros from the Ministry of Finance under false pretenses, claiming to finance the police modernization project through offshore accounts in Switzerland held under Apex Finance Corporation Ltd. and Apex Finance International Corporation Ltd.

The late Mwiraria, along with Mwangi, Magari, and Onyonka, face distinct charges including engaging in a project without prior planning, willfully failing to follow procurement laws, and abuse of office.

All accused persons entered not guilty pleas when initially arraigned.

The prosecution called 37 witnesses during the trial proceedings.

However, in January, the trial court determined that the evidence presented was insufficient and acquitted all the accused under Section 210 of the Criminal Procedure Code.

Dissatisfied with this outcome, the DPP filed an appeal on January 29, 2024.

Senior Assistant Director of Public Prosecutions George Mong’are argued that the trial magistrate had erred by failing to properly assess the evidence, which he maintained established a case warranting the accused to be placed on their defence.

The Anglo Leasing scandal, which dates back more than two decades, remains one of the most significant corruption cases in Kenya’s history, involving allegations of fraudulent contracts worth hundreds of millions of euros for security-related projects that were either never delivered or grossly overpriced.

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