Kamani fights Switzerland plea for Anglo-Leasing files

Businessman Deepak Kamani on Tuesday added a new twist to the long-running Anglo-Leasing scandal after he moved to court seeking to stop Attorney-General Githu Muigai from releasing to Swiss authorities any documents linking him to the mega financing scam.

Deepak and two associates, Chamanlal Kamani and Rashmi Kamani, said it would be illegal for Kenya to hand over any such documents to Swiss authorities as it would amount to a violation of their constitutional rights.

Mr Kamani further muddied the waters with a claim in a sworn affidavit that the request was made to punish him for refusing to give in to a demand that he pays the Swiss government $55 million (Sh4.73 billion).

“Prior to making the request to Kenya, the Swiss Ambassador Jacques Pitteloud called and texted, asking me to pay $55 million to the Swiss government for contracts entered into by undisclosed interested parties and the Kenya government,” he says.

Swiss Federal Attorney’s office on June 3 requested Kenya for legal assistance and documents on Anglo-Leasing contracts relevant to the money laundering investigations it has opened on the three petitioners.

But the businessmen have objected to the request, saying it would violate their rights to a fair administrative action as guaranteed in the Constitution.

“Our prayer is that this honourable court restrains the respondent…either by himself or any person acting under his authority from releasing any information, documents and reports requested by the Swiss Federal attorney’s office, in criminal matters dated June 3, 2014,” they said.

Justice Isaac Lenaola, however, declined to issue temporary orders stopping Prof Muigai from processing the Swiss requests as sought by lawyer Paul Nyamodi for the Kamanis.

The judge instead directed the AG to respond to the matter in two weeks and set August 5 as the hearing date.

READ: Deepak Kamani questioned over Anglo Leasing

Prof Muigai, through deputy solicitor-general Muthoni Kimani, had opposed the application arguing that the matter is of great public interest locally and internationally.

Ms Kimani said mutual legal assistance between two or more states does not touch on individual rights of citizens and should, therefore, not be stopped by individuals.

The Swiss government in its request to Prof Muigai said that after receiving the legal assistance request from the defunct Kenya Anti-Corruption Commission in 2008, it opened a criminal inquiry against Chamanlal, Deepak and Rashmi for money laundering.

The Swiss said the three are suspected to have participated in the formulation of several multi-million dollar contracts that were tainted with irregularities.

The Swiss also said that analysis of financial flows revealed that payments for the contracts went to bank accounts in Scotland, Switzerland, the UK and Latvia that are linked to the petitioners.

“A large number of transfers were also made in favour of other bank accounts of which the Kamanis are the holders or beneficial owners,” reads the request to the government.

The contracts were for the supply of security equipment to Kenya Police, Immigration security document control system and computerisation of the security system.