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KENYA Anti-Corruption Commission (KACC) Instigated the illegal cancellation Of the Passports of two Kamani brothers pending investigations in to their alleged involvement In the Anglo Leasing and Finance scandals, the High Court heard yesterday

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But the Principal immigration Officer does not enjoy the power to cancel or impound the travel documents held by 55 year old Rashmi and 54 year old. Deepak Kamani who currently live in Bangalore, lndia.A three judge constitutional court heard.

Lawyer Fred Ngatia said the PIO had confirmed that no meeting took place to determine that the passports should be cancelled "in the national' interest" and said the two businessmen feared that a fair trial against them had already been compromised.

The PIO had communicated the cancellation of the passports to all Kenyan foreign missions in violation of the businessmen's constitutional rights to liberty and freedom of movement, Ngatia submitted before High Court judges Joseph Nyamu, Mathew Emukule and Roselyne Wendoh.

Deepak had previously voluntarily recorded two statements with KACC on May 6, 2004 and May 9, 2005 flatly denying any involvement in tenders from the immigration department for passport issuing equipment. Rashmi had never been summoned by the anti-graft agency since the Anglo Leasing investigations started in 2004. Ngatia argued.

The lawyer said the two businessmen left Kenya legally last January 9 for business in India and only learnt of the cancellation of their passports last September when they intended to return to Kenya. They wanted to return to their motherland and face their accusers but could not use invalid documents, he said.

Earlier, the court threw out an application made by lawyer Jacinta Oduor, for KACC, seeking to have the matter dismissed on the around. that the court did not have the power to entertain the petition. The subject were out of the country and all constitutional matters were confined to Kenya'. territory.

Oduor claimed that Rashmi and Deepak had fled the country and were aware that there Was a lawful order requiring them to surrender their passport for physical cancellation. They had been offered a one-way ticket back home, she said. The Director of Public Prosecutions (DPP) Keriako Tobiko Rid although Kenya's Constitution was territorial in its application, all Kenyan citizen is enjoyed their constitutional rights "wherever they go" .

Ngatia said the businessmen had already left the country when KACC and immigration authorities embarked on the quest to have the travel documents invalidated. The Government offered to facilitate their return when they went to court last March 7 protesting violation at their constitutional right to enter or leave Kenya immunity from expulsion, he said.

The two businessmen claim they have been deliberately denied an opportunity to appear before an independent and impartial trial court to defend themselves against any criminal charges and they continue to be branded fugitives and crooks. They want the court to bar KACC from harassing, arresting or preferring criminal charges against them in relation to the Anglo Leasing affair.

The duo is particularly aggrieved by the actions of KACC and police in circulating their photographs on websites and the local press thereby depicting them as wanted criminal fugitives and offering a reward of Shs IOO,OOO to any person providing information leading to their capture.

Their elderly father, ChamanIal Kamani, whose passport had been impounded by KACC before the High Court ordered its release last December 20 to enable him travel to India for specialised treatment, attended yesterday's proceedings.