Justice Hedwig Ong’udi has ruled that the magistrate's court handling the trial can continue to rely on two reports from the office of Attorney General and the Ethics and Anti-Corruption Commission (EACC), as evidence.
The report from the AG's had captured evidence gaps in the Anglo Leasing trials, and had asked the EACC to address the weaknesses before arraigning the accused.
The court heard that the gaps are present in the current trial despite former Attorney-General Amos Wako warning in 2006 that the cases could collapse.
The Director of Public Prosecutions (DPP) has lost a High Court bid to drop evidence linked to the office of Attorney General and the anti-graft agency in the ongoing Anglo Leasing trials.
Justice Hedwig Ong’udi has ruled that the magistrate's court handling the trial can continue to rely on two reports from the office of Attorney General and the Ethics and Anti-Corruption Commission (EACC), as evidence.
The report from the AG's had captured evidence gaps in the Anglo Leasing trials, and had asked the EACC to address the weaknesses before arraigning the accused.
The court heard that the gaps are present in the current trial despite former Attorney-General Amos Wako warning in 2006 that the cases could collapse.
The separate EACC investigations report of 2013 indicates that the State did not lose money from the Anglo Leasing security contracts, arguing there is evidence the security kits were delivered and refunds made for undelivered goods. DPP’s office petitioned the High Court on October 22 to stop the use of the two documents, arguing that the reports from the EACC and office of Attorney General were obtained illegally.
“I have in brief not found any errors, illegality and impropriety on the face of the record to make me interfere with the proceedings,” said Justice Ong’udi.
The gaps highlighted in the Wako report included lack of evidence indicating that Parliament was not consulted over the Anglo Leasing security contracts and lack of budget allocation for security items.
The Attorney General reckoned that there was no formal statement from the Central Bank of Kenya and the Treasury, denying the two were not aware of the approval of loans linked to the Anglo Leasing contracts. He demanded a report from the head of procurement regulator on the ministers’ role on direct purchase.
The AG also called for replacement of some prosecution witnesses, arguing they may turn hostile to the courts because they face charges in other Anglo Leasing contracts.
The separate EACC investigations report indicates security kits linked to Anglo Leasing were delivered at Kenya Police armour, and that the State is yet to pay for the goods.
Funds for cancelled contracts, including installation of a forensic lab and new passport system were refunded, says the report. “As such, the government did not lose any money or resources,” says the EACC, adding the State is yet to pay Sh800 million for police kits delivered in 2014.
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