Suspects in the Sh3.5 billion Anglo Leasing scandal were dealt a blow after the High court overturned a decision by a Magistrate court that rejected crucial evidence obtained from Swiss Authorities.
Judge Esther Maina while pronouncing her ruling, said that Anti-corruption Magistrate Felix Kombo blundered by rejecting the evidence sought to be used by the Director of Public Prosecution to pin the Kamani family and other former government senior officials to the multi-billion fraud.
“I have considered the application for review by DPP carefully. The application is allowed. I note that integrity of the evidence of those documents can be challenged through cross-examination,” said the lady Justice.
In October 2021,the trial Magistrate Felix Kombo blocked the prosecutors’ attempt to produce documentary evidence obtained through two requests for Mutual Legal Assistance to Switzerland in 2008.
Kombo said the evidence sought to be admitted failed the test of integrity. The documentary evidence involves the Sh3.5 billion contract for the modernization of police security equipment and accessories.
DPP, being dissatisfied with the ruling, filed a review at the High court.
Haji wanted the high court to review and reverse the order disallowing the evidence on grounds of integrity.
He said that the magistrate errored in fact and Law by disallowing the evidence obtained from the Swiss Confederation despite having found that the chain of custody was in order.
The High court in its original jurisdiction ruled in favor of the DPP and overturned the ruling by the lower court paving way for the prosecution to produce the new evidence.
