• Judge Esther Maina said Anti-corruption Magistrate Felix Kombo blundered by rejecting the evidence sought to be used by the Director of Public Prosecution.
•Kombo said the evidence sought to be admitted failed the test of integrity
Suspects in the Sh3.5 billion Anglo Leasing scandal were dealt a blow after the High court overturned a decision by a lower court that rejected crucial evidence obtained from Swiss Authorities.
Judge Esther Maina said Anti-corruption Magistrate Felix Kombo blundered by rejecting the evidence sought to be used by the Director of Public Prosecution to nail down the Kamani family and other former government senior officials.
"I have considered the application for review by DPP carefully. The application is allowed. I note that integrity of the evidence of those documents can be challenged through cross-examination," she said.
In October last year, trial Magistrate Felix Kombo blocked the prosecutors' intention to produce documentary evidence obtained through two requests for Mutual Legal Assistance to Switzerland 13 years ago.
Kombo said the evidence sought to be admitted failed the test of integrity. The documentary evidence involves the Sh3.5 billion contract for the modernization of police security equipment and accessories.
DPP, being dissatisfied with the ruling, filed a review at the High court.
Haji wanted the high court to review or reverse the order disallowing the evidence on grounds of integrity.
He said Kombo blundered by disallowing the evidence obtained from the Swiss Confederation despite having found that the chain of custody was in order.
In the case before the lower court, Rashmi and Deepak Kamani have been charged alongside former government officials Joseph Magari, Joseph Onyonka and Dave Mwangi. They have denied charges of conspiracy to defraud the government through the Anglo Leasing contracts. By Susan Muhindi, The Star