Tobiko starts new bid to nail suspects of Anglo Leasing

Director of Public Prosecutions Keriako Tobiko at a past function. Ten Anglo Leasing scandal files before the office of the Director of Public Prosecutions could be returned to the Ethics and Anti-Corruption Commission for more evidence to tighten the cases. PHOTO | NMG

What you need to know:

The Sunday Nation got in touch with the office of the Attorney-General of Switzerland to ascertain the details of the Mutual Legal Assistance which Ethics commission is depending on for its case.

Nairobi. Ten Anglo Leasing scandal files before the office of the Director of Public Prosecutions could be returned to the Ethics and Anti-Corruption Commission for more evidence to tighten the cases.

The Sunday Nation has learnt that prosecutors and investigators are struggling with how to proceed after it emerged that the initial evidence could not sustain convictions in court and within a fortnight might be returned to anti-corruption chiefs to back up their cases.

On Saturday, we established that a review team set up by DPP Keriako Tobiko to evaluate the cases has had about three meetings during which they poked holes in the evidence provided.

According to impeccable sources within the review team and EACC, the 10 individuals are facing charges ranging from conspiracy to defraud, abuse of office to failure to follow the law.

“We have reviewed the cases which need to be backed by EACC. Since the cases are old, they have used scenarios without witnesses. Evidence against the politicians is not watertight,” said a review team member, who we cannot name because he is not authorised to speak to the media.

Although we cannot name the individuals for legal reasons, we learnt that four were cabinet ministers in the governments of President Daniel arap Moi and Mwai Kibaki, two were permanent secretaries in the Kibaki government, and four are businessmen alleged to have executed the scandal.

The Sunday Nation got in touch with the office of the Attorney-General of Switzerland to ascertain the details of the Mutual Legal Assistance which Ethics commission is depending on for its case.

The spokeswoman, Ms Jeannette Balmer, declined to comment but referred us to a statement posted on their website.

“The Attorney-General of Switzerland’s work is, as a rule, confidential and we are generally bound by professional secrecy. In no event would we reveal the names of societies or individuals who might be part of proceedings,” said Ms Balmer in an e-mail.

In the statement office said that it has “successfully identified and frozen several bank accounts in Switzerland. (NMG)