From left: Mr Samuel Bundotich, Mr Chris Obure, Mr Sammy Kyungu, and
Francis Chahonyo in a Nairobi court yesterday during the hearing of
their Anglo-Leasing case. PHOTO | PAIL WAWERU | NATION MEDIA GROUP
Four former top officials charged in the multi-billion shilling
Anglo-Leasing scandal have made a fresh attempt to stop their
prosecution.
Former transport minister Chris Obure, now
Kisii senator, former postmaster-general Francis Chahonyo, former
Transport PS Sammy Kyungu and former finance secretary Samuel Bundotich
said the charges against them are defective.
Their lawyers, Mr Kioko Kilukumi and Mr Chacha Odera, said they were charged in the Sh10 billion case using obsolete provisions.
According to the lawyer, the penal code used to charge the four was repealed by Parliament in 2007.
“That is why we are asking the court to declare the trial invalid and drop the charges,” said Mr Kilukumi.
The lawyers’ objections scuttled the hearing of the case, which was scheduled to begin yesterday.
Assistant Director of Public Prosecution Nicholas Mutuku said he was not prepared for the objections and requested more time.
The
crimes were executed between March and July 2002. Mr Chahonyo and Mr
Kyungu are alleged to have initiated the procurements of the VSAT
products without following procurement laws, Mr Obure authorised the
payments while Mr Bundotich made the payments.
Former
finance minister David Mwiraria, former Internal Security PS Dave
Mwangi, former finance PS Joseph Magari, former head of debt management
David Onyonka, businessmen Deepak Kamani, Rashmi Kamani and Chamanlal
Kamani are facing similar charges but are being prosecuted separately.
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