The Anglo Leasing drama has taken a new turn after the High Court ordered three former Permanent Secretaries and two foreign entrepreneurs to file their defence in the Ksh3.5 billion corruption case.

In a ruling delivered on Wednesday, July 31, 2025, Justice Benjamin Musyoka overturned a previous acquittal, overturning a January 2024 ruling that had acquitted businessmen Deepak and Rashmi Kamani, and former Permanent Secretaries Joseph Magari, Dave Mwangi, and David Onyonka. The five now face trial over allegations tied to a controversial security tender.

One of the accused, Rashmi Chamanlal Kamani, has since passed away.

Justice Musyoka ruled that the Office of the Director of Public Prosecutions (ODPP) had established a prima facie case, showing that the project was authorised without any budgetary allocation. He pointed a finger at then-Interior Minister Chris Murungaru for endorsing the deal without ensuring funding was in place or providing clear policy guidelines after the contract received legal clearance from the Attorney General.

I hereby set aside the acquittal by the trial magistrate dated January 19, 2024, and order the accused persons to be placed on their defense on counts 2, 3, 4, 6, and 7, the judge directed.

Musyoka criticised the prosecution for failing to call Murungaru to the stand, stating that his testimony could have clarified whether the agreement he signed had been budgeted for. He noted that Murungaru could have clarified whether the multi-billion shilling security contract he approved had received any budgetary allocation. The judge further faulted the minister for neglecting to establish clear policy guidelines to oversee the contracts execution, even after it was legally cleared by the then-Attorney General.

The judge also cited the testimony of 37 prosecution witnesses, which indicated that Sound Day Corporation, a company allegedly linked to the Kamani family, did not deliver the security equipment meant for the Kenya Police. He noted that the National Police Service never confirmed receipt of the items, and the then-Commissioner of Police, Edwin Nyasemba, was not called to verify the delivery.

He added that the National Police Service, the agency meant to receive and confirm delivery of the equipment, never verified receiving it. Moreover, the prosecution failed to call then-Commissioner of Police Edwin Nyasemba to the stand to confirm or deny the delivery.

Regarding the Kamanis, the court ruled that they must explain why they received �1.2 million (about Ksh180 million) through Apex Finance Corporation, a Mauritius-registered entity at the centre of the Anglo Leasing scandal.

Justice Musyoka found that receiving such funds suggested they knew the money was the proceeds of crime. The Kamanis had denied having any links to Apex Finance, which, along with Sound Day Corporation, was single-sourced to supply equipment to the Kenya Police Laboratory.

The court also raised questions about the absence of Brian Mills, who signed the contract on behalf of Sound Day Corporation, from the trial, noting that no explanation had been offered for his exclusion.

While the judge upheld the accuseds acquittal on one count conspiracy to defraud the Government of �40 million(approx. Ksh5,902,800,000) he ordered all five to appear before the Milimani Anti-Corruption Chief Magistrates Court to present their defence on the remaining charges.