Solicitor General Muthoni Kimani with lawyer Paul Nyamondi at the Milimani law court yesterday.Photo/Philip Kamakya
Anglo leasing architect Deepak Kamani leaving the Integrity house on June 5.photo/file
ANGLO Leasing scam suspect Deepak Kamani has moved to court seeking to stop the Kenyan Government from releasing any information requested by the Swiss Federal Attorney’s office.
Brothers Deepak Kamani, Chamanlal Kamani and Rashmi Kamani, who are all wanted by the Swiss authorities over money laundering, have complained that the request is a violation of their rights and should not be allowed.
The Swiss authorities sent a request to Attorney-General Githu Muigai to supply them with information that will assist in the prosecution of the three in Switzerland.
In a letter dated June 3, 2014, the AG of the Swiss Confederation asked Prof Muigai for documents and specific information relating to the three who are named as accused persons in a Swiss court.
The charges against the Kamanis concern money-laundering offences committed between 1999 and 2004. The Kamanis believe the offence they are being sought for is statute-barred and the court should stop the AG from giving any information.
On the face of the request, they said, it is apparent that any intended prosecution that would arise from the request being acted upon is statute-barred in Switzerland.
“The offence of money laundering which the Swiss prosecutor is allegedly investigating the petitioner for, is, according to Article 97 of the Swiss Statute of Limitations regarding criminal prosecution, statute-barred. This is because, according to the said provision of Swiss law, the limitation period for the offences the petitioners are under investigation for is seven years.”
According to the three, the offence ought to have been acted upon before 2011. But despite the passage of time, the Kamanis are apprehensive that Prof Muigai will provide the information sought in complete disregard of their rights.
According to lawyer Paul Nyamodi, the request for mutual legal assistance also violates the rights of the Kamanis because money laundering does not constitute an offence in Kenya.
He also argues that the request by the Swiss authorities undermines Kenya's sovereignty because it suggests that Kenya was an accessory to money laundering.
And in the event the court declines to grant the orders sought, there is a high likelihood that the State Law Office will forward the materials requested by the Swiss authorities.
The requirement in law is that a court of competent jurisdiction must have found the money in question was obtained as a result of crime before the mutual legal assistance request is made.
In this case, they said, there has been no such finding by any court. It was argued that the request, apart from being based on spurious claims, further poses a direct threat to the Kamanis' fundamental right to own property.
In an affidavit sworn in support of the case, Deepak says the accounts into which the funds were paid are not in the names of the Kamani's. “On the face of the said request, the source of the said funds is disclosed as the Government of Kenya,” says Deepak.
And now the Kamanis want to be supplied with copies of an agreement dated June 8, 1998, entered between the Kenyan Government and a company called the Sound Day Corporation.
Also sought is an order to compel the AG to supply the Kamanis with several agreements and promissory notes signed between the Government and Anglo Leasing and Finance Limited.
Yesterday, deputy solicitor-general Muthoni Kimani opposed the plea by the Kamanis to be given reprieve, saying the matter is in the public interest and both parties ought to be heard. Justice Isaack Lenaola agreed with Kimani and declined to grant temporary orders. He directed that the case be heard on August 5.
Posts
No comments:
Post a Comment