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Court bars use of electronic evidence in Sh7bn Anglo Leasing case

Court bars use of electronic evidence obtained from Swiss authorities in Sh7bn Anglo Leasing case.

In one of the Anglo Leasing scandal cases, the director of public prosecutions, Noordin Haji, took a hit after a court barred him from presenting electronic evidence collected from Swiss authorities on the Sh7.1 billion graft case.

The prosecution failed to present a certificate explaining how the evidence was obtained and processed in accordance with the law, according to Justice Esther Maina, who ruled that the documentary evidence did not pass the admissibility test.

The trial court’s decision to throw out the evidence that the DPP wanted to use to identify the suspects, including businessman Deepak Kamani and his brother Rashmi Kamani, was challenged by case prosecutor Eva Kanyuira.

Other suspects in the case include former permanent secretaries Dave Mwangi (Security) and Joseph Magari (Finance) former head of debt management at the Treasury David Onyonka and Infotalent limited.

They are accused of conspiring to swindle Sh7,111,402,461 ($59,688,250) from the government through a contract of Anglo-Leasing type contracts described as Kenya E-cops security project. 

Two sets of documents containing the evidence that the prosecution is barred from presenting were delivered to the Ethics and Anti-Corruption Commission seven years ago.

One set was contained in a flash disc while the other was shipped through courier services. 

The evidence was obtained from the Swiss authorities through Mutual Legal Assistance.

Upholding the lower court’s decision Wednesday, Justice Maina said the trial magistrate was correct in striking out the documentary evidence since the prosecution failed to follow the legal procedure of producing the electronic evidence.

The trial magistrate Martha Mutuku in a ruling dated February 18, 2022, had noted that the evidence was in electronic form and was not accompanied by a certificate as required under the Evidence Act.

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