Court refuses to release Anglo Leasing duo’s passports

Billionaire businessman Deepak Kamani and his brother Rashmi failed to secure release of their passports Wednesday to enable overseas travel over the Easter weekend.

The two had asked anti-corruption court magistrate Peter Ndwiga to grant their request for the travel documents, but he declined saying a proper application was required along with a response from prosecutors.

The passports were impounded earlier this year to prevent the brothers from fleeing the country as they await trial over Anglo Leasing-related offences.

Deepak, Rashmi and their father Chamanlal are charged alongside several other individuals with conspiring to defraud the government of more than €99 million (Sh10 billion) through Infotalent Limited, Apex Finance Corporation and Sound Day Corporation.

They did not appear in court in person but sent lawyer Paul Nyamodi to make the application. The magistrate, however, directed that such an application must be made formally and the Director of Public Prosecutions (DPP), who had been given the leeway to impound the passports, given a chance to reply.

Mr Ndwiga further directed that the application be listed and heard “at the court’s convenience” before a determination is made.

Those charged alongside the Kamanis include former finance minister Chris Obure, two former permanent secretaries Dave Mwangi and Sammy Kyungu, former Treasury officials David Onyonka and Samuel Bundotich, and Mr Francis Chahonyo, a former postmaster general.

Former Finance minister David Mwiraria, the first accused in the case, is admitted in hospital and will appear in court when he recovers. Prosecutors are also seeking foreign nationals Brian Mills and Bradley Birkenfeld.

The Kamanis have challenged their prosecution claiming that the case involved civil contractual agreements “that, in some instances, were part performed”.

They argue the criminal proceedings against them are an abuse of power by the Jubilee government for political reasons.