Anglo Leasing case to collapse against Kamani brothers?

Kimunya and Muthaura have appeared in court and defended the validity of the Anglo Leasing contracts.

[INDENT]Anglo Leasing contracts received the necessary State and Cabinet approvals, former Head of Public Service Francis Muthaura has told the anti-corruption court in Nairobi. Mr Muthaura Tuesday said the Finance minister was lawfully empowered to exempt security contracts from procurement regulations, given their sensitivity.[/INDENT]
[INDENT]Former Finance Minister Amos Kimunya yesterday said the government did not lose any money in the controversial Anglo Leasing police E-Cops project. He told Milimani magistrate Martha Mutuku the government cancelled five contracts, which it had earlier awarded to foreign company Infotalent Ltd and the company returned the cash. [/INDENT]

Mwiraria died while the case was in progress and took the secret of who the ghosts were with him to the grave.

There is no international warrant of arrest, for Anura Perera, to whom Jimi is an underling. Mwalimu Mati must have tired of beating a broken drum or succumbed to threats and intimidation.



[INDENT]In addition to the helpers of the Kamani brothers, there was also a second network in the Geneva financial center that supported the obscure business of the Sri Lankan businessman Anura Perera. Perera has lived in Kenya for a long time, building strong relationships with powerful politicians. There he was also involved in government contracts, which raised a lot of questions. Later he settled in Cyprus, and it is no coincidence that he relied partly on Cypriot and Greek-born helpers in his Geneva transactions. Two shell companies affiliated with Perera had received government orders worth around $ 40 million in mid-2002. This meant that 980 post offices in Kenya were to be connected to the Internet via satellite, even though not even half of the branches had electricity.[/INDENT]

Key witnesses have failed to show up or have been unavailable at critical times:

[INDENT]Trial magistrate, Martha Mutuku, said the prosecution had made an undertaking to present 12 witnesses of whom only two had testified.[/INDENT]
Other witnesses have denied their own signatures (the USA paid him $104M for whistle blowing against UBS but he did still have to serve a prison term for tax evasion, making his credibility on other matters questionable. In Kenya he is the prosecutions star witness!!)

[INDENT]Bradley Birkenfeld yesterday, through video conference, rejected records indicating that he had in 2013 signed some of the security supplies associated with Anglo Leasing contracts. He also denied any link with Infotalent—one of the companies that supplied security items to government, under the contracts, saying he was neither a director nor a shareholder. The Ethics and Anti-Corruption Commission (EACC) on April 21, 2015 disclosed to the court that Mr Birkenfeld, 51, signed crucial documents as the managing director of Infotalent. Mr Birkenfeld, who was initially a suspect in the Anglo Leasing suit, has declined to testify personally in Kenya citing security fears. [/INDENT]
Swiss and French newspapers did exposes in the past on his role. In court a different narrative has been formulated:
[INDENT]Midland Finance sent a request for payment to Kenya’s Ministry of Finance. The letterhead now contained the Geneva address of the British financial adviser H. This says on request, he has been director of Midland Finance since 2004. However, he was not aware why his company had stated in the financing contract with Kenya the private address of Birkenfeld. H. confirms, however, that he knew Birkenfeld. This, in turn, was, according to a well-informed source, one of the asset managers of the Kamani brothers in Geneva, and his name also appears in the case of Infotalent, another Anglo-leasing company with Geneva address. In addition, the Brit H. Wortkarg. It’s not good for business, if the media snoops around, he adds as an explanation.[/INDENT]
[INDENT]Infotalent is not registered in the Swiss commercial register. On several documents the company gives two different addresses as well as a telephone and fax number: The telephone number is out of service today - in 2003, however, it was registered on Birkenfeld. Also one of the two alleged business addresses of Infotalent turns out to be Birkenfelds private address at the Cours de Rive 20 in Geneva.[/INDENT]
[INDENT]In Vaduz there is another possible connection to Birkenfeld. The Liechtenstein MS is also being charged with this in the United States. His Vaduz lawyer also appears in the Anglo-Leasing scandal. According to the investigation files, he is said to have registered the company “Silverson Anstalt” in the Liechtenstein Commercial Register as a trustee. This letterbox company was commissioned to deliver nearly $ 90 million overpriced police vehicles to Kenya. What a strange coincidence that in this context the lawyer of Birkenfeld’s co-defendant and business partner appears.[/INDENT]
[INDENT]While Ramachandran had brought the contacts, Birkenfeld was the brain in the cooperation of the two bankers. When Birkenfeld was already working for UBS, Ramachandran introduced him to the Kamani brothers, as the informant further reports. Apparently, the two Kenyans were impressed by Birkenfeld. According to the source, they entrusted him around CHF 10 million, which Birkenfeld placed with UBS.[/INDENT]
[INDENT]The MPC opened a criminal investigation for money laundering in 2009, the instruction continues. But no prosecution is initiated in Switzerland against Bradley Birkenfeld, whose name appears, according to several sources, as one of the foreign intermediaries working for businessmen of Indian origin; he thus signed - as the head of a company - one of the contracts concerning the computerization of the police and the installation of surveillance cameras in Nairobi.[/INDENT]
Amos Wako as AG signed off on the contracts and said they were valid, he also validated the promissory notes as irrevocable meaning some are still out there and subject to presentation one day for payment. Needless to say, future generations will be paying these debts for a long time to come.

Someone did say once, that “Anglo Leasing is about us”, what they did not expound on further was that the state had already been captured, making such prosecution a mere public relations exercise. Odunga before he became a part-activist judge seems to have caught wind of such shenanigans:

[INDENT]In my view the prosecution ought not to institute criminal cases with a view of obtaining an acquittal. It is against the public interest as encapsulated in section 4 of the Office of the Director of Public Prosecutions Act to stage-manage criminal proceedings in a manner intended to obtain an acquittal. A criminal trial is neither a show-biz nor a cat-walk. [/INDENT]

The first and probably only suspect to date who has been convicted was Sylvester Mwaliko who promptly paid his Ksh 3 million fine without spending a single day in prison post-conviction. He could wind up in the history books with boasting rights at to the being the only person convicted for Anglo Fleecing.

Uhuru is familiar with these matters having been behind the 2006 PAC report into Anglo Leasing, but when Anura came knocking for his money, he argued extensively in favour of payment Jimi might have called the shots in Kenya, but it seems Anura still calls bigger shots.

[INDENT]According to the report, which was authored by among others, President Uhuru Kenyatta, then Leader of the Official Opposition, the indictment of senior figures in Government, explained the regime’s lacklustre approach in conducting investigations into the sleaze. [/INDENT]

Many like these were issued:

An example of the many transactions the Kamani’s did

Ahmednasir in court for the defendants

Lets summary pls

Muthaura, Kimunya, Wako have validated the legality of the contracts.
A key prosecution witness who was to cooperate by admitting his role, denied any involvement.
Only 2 out of 12 witnesses the prosecution said would testify, testified
The AG and Solicitor General failed to show up at the last hearing

The prospects of a conviction are looking dim. Kenyans should prepare for more payments to the fleecers, besides that which they are already paying.

Bradley Birkenfeld, Anglo Leasing suspect turned witness, was questioned by Ahmednasir. It was a strategic blunder to let a key suspect become a prosecution key witness in exchange for non-prosecution. The witness is being used to demolish the case by the suspects.

The circus continues with the case in an almost certain death spiral.


Deputy Solicitor General, Muthoni Kimani, who is also the director of Assets Recovery Agency has told a trial court in Nairobi that she has not been in a position to trace seven original letters relating to the case that were handed to Kenya from Switzerland.
She said the missing documents could not be traced at the AG’s office after being reportedly transferred to the DPP.
Some of the material, also handed from Swiss authorities were in CD format, the witness said.

A trial court has flexed its judicial muscle and summoned former AG Amos Wako and State House Chief of Staff, Joseph Kinyua, to appear in court to testify in the protracted Anglo-leasing case.
Trial magistrate Felix Kombo directed the two should appear on June 26 and 27 2018 so that the case may proceed.
The duo have repeatedly failed to appear to give evidence as state witnesses in the case.
Defence lawyers took issue with the DPP for being ill prepared for the hearing that has been adjourned on two occasions this month.