By Angela Kibara
The Director of Public Prosecutions (DPP) has moved to block a controversial request by individuals accused in the Anglo Leasing scandal, who are seeking to have their defence heard by the same magistrate who previously acquitted them.
The development, as announced by the DPP on social media, marks the latest chapter in the long-running corruption case that has been in Kenyan courts for over a decade.
The DPP’s statement explains that the accused had approached the Milimani Chief Magistrate’s Court, asking for the case to be transferred back to Chief Magistrate Felix Kombo.
According to the post, Mr. Kombo had, on January 19, 2024, acquitted the defendants. However, the post details that the High Court later quashed that acquittal following a successful appeal, finding that the initial acquittal was an error and ruling that the accused must be placed on their defence.
The DPP further specified that a prima facie case was established against several accused persons, including the late David Mwiraria, Dave Munya Mwangi, and Joseph Mbui Magari, for offenses such as conspiracy to defraud and engaging in a project without prior planning.
Additionally, a similar case was found against David Lumumba Onyonka and Rashmi Chamanlal Kamani for fraudulent acquisition of public property.
Regarding the court proceedings, the DPP’s statement said that prosecutors Jeremiah Walusala and Christine Marete, representing the DPP, argued against the application.
The prosecution team, as described by the DPP, highlighted that the matter has been in court for an extensive period and that reassigning it to a magistrate on transfer would only prolong the proceedings unnecessarily.
As quoted in the DPP’s post, Justice Benjamin Musyoki, in his ruling, explained that, “While this court acknowledges that the burden of proof lies with the prosecution, there are circumstances under which the accused persons must be called upon to explain their roles in the alleged offences, something that can only be done during the defence hearing.”
Chief Magistrate Harrison Barasa is scheduled to make a ruling on August 11, 2025, to decide on the application.