Kamani loses court bid for information on Anglo-Leasing contracts

Businessman Deepak Kamani has lost a court bid to compel the Attorney-General to furnish him with contracts related to the Anglo-Leasing scandal.

Justice Isaac Lenaola on Thursday declined to order Githu Muigai to provide the contracts to the tycoon and his brother Chamanla Kamani, arguing that they had not made a formal request for them.

The Anglo-Leasing scandal saw tax payers lose Sh50 billion through irregular contracts and Mr Kamani is one of over 10 businessmen under investigation by Kenya and Switzerland over the scam.

Mr Kamani moved to court in July seeking to stop Kenya from dealing with Switzerland in the probe, stop the A-G from handing over files on the scandal to Swiss authorities and to be provided with details of the contracts.

“It is unclear why the petitioners failed to show that they had in fact requested for the information they now seek and the same was deliberately denied,” said the judge.

“I do not think that this court, with the facts as they are, can grant the orders sought and I say so without making a determinate finding as I am yet to hear the petition on its merits.”

The Kamanis wanted Kenya to stop assisting Swiss authorities with money laundering investigations linked to the scam. Justice Lenaola said the request had been overtaken by events, arguing that the AG had already provided 12 boxes with files to the Swiss authorities.

READ: Kamani fights Switzerland plea for Anglo-Leasing files

They also wanted the court to compel Prof Muigai to furnish them with 10 contracts that were entered into by six of their firms.

Switzerland is investigating money laundering suspicions on a number of individuals, both Kenyan and Swiss nationals.

Ambassador Jacques Pitteloud said in September that Swiss federal agents are investigating economic crimes committed in Switzerland, and needed the Kenyan files to compare with their findings as regards the suspects and whether the money allegedly laundered was acquired illegally.

Deepak Kamani added a twist to the matter when he accused the Swiss envoy of trying to extort $55 million (Sh4 billion) from him on behalf of the Swiss agents so as to “settle the matter amicably”.