Anglo Leasing defence Lawyers had a tough time in Court trying to trick a prosecution witness to admit that the charge sheet used to arraign suspects in court had legal errors.
Lawyer Oonge for the defence quoted the government procurement Act which states that the PS treasury is required by law to countersign expenditure exceeding Ksh 100 million, however, the charge sheets quote sign only.
Mr. Wekesa, the witness interjected by saying that the same law provides for countersign or sign and that the PS could use either of the provision and still enjoy legal protection.
The witness who is also the investigation officer said the reason as why they chose to charge the PS treasury at the time was because he omitted and committed some other underlying acts outside the Law.
Mr. Wekesa told the court that Soundry Cooperation Company won the tender in the said scandal using documents that were not signed as required by law.
According to the witness, the permanent secretary since 1993 has never acknowledged the existence of the Company
He further said that the unsigned copy had the names of Okemo and Julius Sunkuli who were supposed to sign but did not sign for unknown reasons.
Asked whether Okemo and Sunkuli were called as witnesses, he said that he recorded a statement from the two but he was not aware whether they were called as witnesses.
According to the witness, the PS treasury was actively involved in the procurement, although for the purpose of the said transaction, the treasury was not supposed to be a procurement entity.
In the case, which has dragged on for over a decade, Chamanlal Kimani, Deepak Kimani, Rashmi Kamani, PSs Joseph Magari, Dave Mwangi, and David Onyonka are charged with conspiracy to defraud the government of Ksh3.5 billion in the Anglo-Leasing contract known as modernization of police security equipment and accessories.
