News

Story by JILLO KADIDA

The Kenya Anti-Corruption Commission was yesterday dealt a major blow in its effort to limit the movement of suspects in Anglo Leasing scandal case.

The commission had no powers to curtail the freedom of movement for suspects by having their passports confiscated, ruled the High Court.

The case involved two sons of businessman Chamanlal Kamani who are abroad but whose Kenyan passports had been ordered cancelled by KACC. The verdict is the latest in a trend where the commission’s powers have been dwindling either through statutory limitations or court verdicts.

Earlier this month, KACC director Aaron Ringera admitted that some of the beneficiaries of mega corruption deals such as the Goldenberg scandal could keep their loot because the six-year limit for court action to have been brought against them had lapsed.

Earlier, the courts had cleared some of the people named in the Bosire Commission’s report on the Goldenberg scandal. In the landmark ruling, a three-judge bench declared section 31 of the Anti-Corruption and Economic Crimes Act, which gives KACC powers to limit the movement of individuals suspected to have committed economic crimes, as unconstitutional.

Judges Joseph Nyamu, Roselyn Wendoh and Mathew Anyara Emukule said the section was inconsistent with provisions of both sections 72 and 81 of the Constitution. They further directed the Executive to amend the Constitution to provide for suitable limitations in section 72 and 81 of the Constitution.

The Executive, the judges said, should also consider putting in place an enabling Passport Act or a more detailed and embracing Immigration Act. They said the fight against corruption and related ills would be as strong as the laws which had been put in place, and where they were shaky and not constitutionally compliant, the authorities must go back to drawing board and update them.

The judges quashed the decision by the commission to cancel the passports of the two Kamani brothers. The two – Deepak Kamani and Rashmi Kamani – are being investigated in relation to the Anglo Leasing scandal. The judgment arose out of an application by the Kamanis seeking to revoke the decision by KACC to cancel their passports.

The passports were seized after KACC obtained an order from Kibera law courts. The judges, however, declined to grant a declaration that the publication made by the anti-graft commission concerning the Kamanis as wanted persons was unlawful.