The application was presented before Anti-Corruption Magistrate Harrison Barasa, where the prosecution challenged the suspects’ plea.
DPP opposes request to retain magistrate
The suspects had asked the court to allow the matter to continue before the same magistrate who had previously handled the case.
However, prosecutors Jeremiah Walusala and Christine Marete opposed the request, arguing that the case should be assigned to another magistrate currently serving at Milimani Law Courts.
The prosecution said returning the matter to a magistrate who is no longer stationed at the court could cause further delays.
High Court revived Anglo-Leasing case
The Anglo-Leasing case returned to court after the High Court overturned an earlier acquittal of the accused persons.
The High Court ruled that the trial magistrate had made an error and that the accused should have an opportunity to respond to the evidence presented against them.
Following the decision, the prosecution argued that the matter should proceed before a new magistrate to ensure timely conclusion of the trial.
Case has lasted over 10 years
The DPP told the court that the case has already taken more than a decade and should not face additional delays.
The prosecution argued that the term “trial court” refers to the court currently handling the matter and does not necessarily mean the same judicial officer who previously heard the case.
Suspects face corruption-related charges
The accused persons are facing charges linked to the controversial Anglo-Leasing contracts involving the supply of police security equipment.
The charges include failure to follow procurement procedures, abuse of office, conspiracy to defraud the government, and initiating a project without proper planning.
The High Court previously found that the prosecution had presented sufficient evidence against several accused persons, including the late David Mwiraria, Dave Munya Mwangi, and Joseph Mbui Magari.
Two other accused persons, David Lumumba Onyonka and Rashmi Chamanlal Kamani, were also found to have a case to answer over fraud and handling suspicious property.
Court to decide fate of magistrate assignment
The original case involved 10 accused persons, although some were later removed after they could not be traced, while others died during the proceedings.
Chief Magistrate Harrison Barasa is expected to deliver a ruling on August 11, 2025, on whether the matter will proceed before Magistrate Kombo or be transferred to another magistrate at Milimani Law Courts.
The decision will determine the next stage of the long-running Anglo-Leasing trial.
