UK-based Anglo Leasing firm to be tried in absentia

A foreign firm linked to the Anglo Leasing scandal that was accused of slowing down the case by not appearing in court has lost a bid to be exempted from prosecution and will now face trial in absentia.

An anti-corruption court in Nairobi ruled Monday that Infotalent - one of the companies adversely named in the scam and which is registered in the Virgin Islands - has been aware of the pending case but has continuously declined to attend the proceedings, forcing a “not guilty plea” to be entered so that the trial may start.

British police in March told the government that the shell company had been traced and its agents served with summons for the pending trial in Kenya.

According to court documents filed by the Ethics and Anti-Corruption Commission (EACC), a police officer from the Royal Virgin Islands police force traced a registered agent of the company and served the documents on February 8.

“Despite service Infotalent has declined to appear or send a representative to answer to charges,” presiding magistrate Felix Kombo said.

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The magistrate said available evidence demonstrates that Infotalent was incorporated in the UK and has been aware of the proceedings.

He said the trial would proceed in the absence of the company despite the fact that the suspect firm is not registered in Kenya “since it is the place where the commission of alleged offences took place.”

“Infotalent was served (with summons) in good time but has chosen not to move, it has declined to exercise its right to be present in these proceedings,” the magistrate ruled.

He said that by conduct, Infotalent “had created a hurdle” in the proceedings but will now be tried in absentia as a plea of not guilty had been entered against the firm.

British sleuths served summons issued by a Kenyan court on Commonwealth Trust Ltd which is believed to be the registered agent and benefactors of Infotalent Ltd.

Infotalent is facing corruption charges but has never sent a representative or a lawyer to take plea on its behalf.

Earlier, summons sent by the EACC kept disappearing, the trial court was told in earlier submissions. Two letters and summons sent to the Office of the Attorney General for onward transmission to Britain to compel Infotalent to attend court and answer charges never reached their destination.

The letters were sent in June last year, according to EACC.

Security contract

An American banker and high profile US whistle-blower Bradley Birkenfeld signed one of 18 Anglo Leasing deals, a Sh5 billion security contract with the Kenyan government on behalf of Infotalent Ltd as Managing Director, to computerise the police force and install surveillance cameras in Nairobi.

However, after the Anglo Leasing scandal broke in 2004, Infotalent paid back EUR 5,287,164 (then about half a billion shillings) that had been advanced to it in a bid ward of an investigation.

In 2009, former Attorney General Amos Wako said a lawyer representing Mr Birkenfeld had contacted him saying the whistle-blower was willing to talk.

Mr Wako however claimed that his attempts to follow up on the offer were rebuffed by the American embassy, then under Ambassador Michael Ranneberger.

The firm is charged alongside Deepak Kamani and Rashmi Kamani among others.

Also facing charges relating to Anglo Leasing are Kisii Senator Chris Obure, former Postmaster General Francis Chahonyo, former PSs Sammy Kyungu (Communication), Joseph Magari (Treasury), Dave Mwangi (Internal Security), David Onyonka, the former head of debt management at the Treasury and former Finance secretary Samuel Bundotich.

Additional information by BDAfrica.com WRITER