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Former Finance Minister, late David Mwiraria fingered in Anglo Leasing scandal

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Leasing scandal suspects (from l-r) Deepak Kamani, Rashmi Kamani, former head of Debt Management at the Treasury David Onyonka, former PSs Joseph Magari and Dave Mwangi at a Milimani Law Courts during the hearing of the case on July 19, 2016. PD/Bernard Malonza

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A court in Nairobi was told that former Cabinet Minister David Mwiraria initiated the multi-billion Anglo-Leasing scandal in collusion with proprietors of an overseas company.

According to John Maingi Kiilu, a retired Ethics and Anti-Corruption Commission (EACC) investigator, letters by former Permanent Secretaries (PSs) to Info Talent of Deepak Kamani, Rashmi Kamani and Chemanlal Kamani  over the Kenya e-cops security project resulted in the Anglo-Leasing scandal.

Kiilu told Chief Magistrate Martha Mutuku that the correspondences were authored by former PSs Dave Mwangi, Joseph Mbui Magari and David Onyonka while the late Cabinet Minister David Mwiraria authorized payment of 5,286,964 euros to Info Talent.

As the 50th prosecution witness, Kiilu said PS Mwangi wrote to former Commissioner of Police Edwin Nyasenda over the e-cops security project.

Testifying before Milimani Chief Magistrate Martha Mutuku , Kiilu revealed that a letter from PS Mwangi to Nyasenda over the e-cops security project initiated what would become the Anglo-Leasing scandal.

The witness produced in court over 70 correspondences which were subjected to forensic examination by EACC and Directorate of Criminal Investigations (DCI) experts.

“I forwarded correspondences authored by former PSs and former Finance Minister the late David Mwiraria to the DCI for forensic examination,” Kiilu said.

Kiilu further told state prosecutor Eva Kanyuira that, “the fraud through which the government lost billions in the e-cop security project was initiated by former senior civil servants.”

The witness further said he had evidence which he wanted forensically examined by hand writing experts. These were words like; “Joseph, Dave, Sincerely, CFO, Dear Amos, Edwin, approved-by the late Mwiraria.”

“All these words are traceable in all the Anglo-Leasing Contracts’ correspondences and documents recovered from the various civil servants,” Kiilu said.

The sate witness then forwarded specimen signatures and writings from Mwangi, Magari and Ongili Alao to DCI forensic investigators for verification of authorship.

He also said he flew to Miami in united states of Amrica (USA) to interrogate a career banker, Bradley Birkenfeld associated with over the anglo-leasing e-cops project.

“Mr Birkenfeld was turned into a state witness after charges against him were withdrawn,” Kiilu told Magistrate Mutuku.
The documents were sent to DCI officers in September 15, 2014.

When Kiilu was asked the conclusion, he drew upon receipt of the documents from forensic examiner by the prosecution.

He concluded that the letters authored by the former senior servants were the basis of the fraud in collusion with InfoTalent Company.

Kiilu said he recovered correspondences signed by a former Attorney General Amos Wako to Mwiraria amongst others.

In the case, Infotalent limited and the Kamanis alone are charged with fraudulent acquisition of 3,500,266 euros on April 21 2004 .

The company and the businessmen are also charged with acquiring 1,786,898 euros paid by the government without delivery of financing services.

Former Finance Minister Mwiraria ,former PSs Dave Mwangi, Joseph Magari and former debt administrator David Onyonka were charged with engaging in a project without prior palling  and abuse of office.

Further hearing resumes on September 2, 2021.

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