Post by adongo12345 on Mar 8, 2007 0:37:37 GMT 3
www.eastandard.net/hm_news/news.php?articleid=1143965779
By Nyakundi Nyamboga
The Anglo Leasing saga is back to haunt its architects during an election year, thanks to the Immigration Department and the Kenya Anti-Corruption Commission (KACC).
And the commission won’t, after all, be questioning Mr Deepak Chamanlal Kamani over his alleged role in the Anglo Leasing affair after the Immigration Department cancelled the businessman’s Kenyan passport.
Mr Deepak Kamani whose passport has been cancelled.
In what is likely to expose the Government as reading from different scripts on the war on corruption, Immigration — by cancelling the passport — has ensured the businessman does not return to face his accusers.
KACC has posted Kamani’s photograph on its website with a note that he has evaded its investigators, making the Immigration move raise eyebrows.
On Wednesday, it emerged that the businessman has accused the two arms of Government of denying him the opportunity to return to face his accusers.
He said neither KACC nor Immigration had tried to contact him and that by revoking his passport, the Principal Immigration Officer had, with the stroke of a pen, rendered him stateless and without travel documents.
‘Prejudice, extensive coverage and prejudicial effect’
Kamani, through his lawyers, said he was in India since January, last year, for business. The Kamani saga could bring the ghosts of Anglo Leasing bouncing back to haunt the Kibaki administration, which has already been dented by damaging claims by graft buster Mr John Githongo.
Kamani has recorded statements with KACC over his relationship with Dr Merlyn Kettering, an alleged player in the Anglo Leasing scam, and his alleged role in a passports tender for the Immigration Department. He recorded the statements in 2004 and 2005.
The businessman said he could not understand how he came to be labelled a fugitive yet KACC ought to have known he was in India, "attending to various family commitments and also setting up new business undertakings".
He said that with a "little diligence", KACC or the Immigration Department would have found out where he was.
Kamani argued that he continued to be portrayed as a fugitive yet no charges had been preferred against him nor had there been a conviction by any court.
The publication by KACC had made it impossible for fair trial due to prejudice, extensive coverage and prejudicial effect it had caused, he said.
In a petition presented to a Constitutional court on Wednesday, Kamani said he wanted to return at the earliest opportunity, to face any accusations that KACC and the Immigration Department may prefer against him.
Cancellation passport termed discriminatory
Through lawyer Mr Fred Ngatia, Kamani told Mr Justice Joseph Nyamu, he could not use a cancelled passport.
Kamani, as a citizen, had a constitutional right to enter Kenya, the right to leave and immunity from expulsion, he said. The lawyer said the cancellation of his client’s passport was discriminatory because the same punishment had not been meted out on other persons suspected of involvement in the Anglo Leasing contracts.
The lawyer said the Immigration Act did not empower the Principal Immigration Officer to cancel a passport and alleged that the cancellation was at the behest of KACC.
Ngatia said the cancellation was a punishment, which was extra-judicial and therefore in violation of his client’s right to a fair hearing.
The court was told the cancellation deprived Kamani of the opportunity to appear before a court to defend himself against the charges and claims.
Kamani also questioned the manner his passport – A892542 – was cancelled. The court was told the Principal Immigration Officer, Mr J K Ndathi, communicated a decision to cancel Kamani’s passport, together with those of other persons whom the Government was investigating in a letter dated last March 30.
‘Business and reputation injured’
Ngatia asked the court to order the Immigration Officer to produce a copy of the minutes and or record of deliberations that led to the decision to cancel his client’s passport.
The court was told the businessman got to know of the passport cancellation last September, while planning to return to Kenya.
The court was told Kamani had vast business interests in Unicorn International, which manages rose farms and a beach hotel. The rose farms employ 1, 300 people, and the hotel employs 200.
KACC had, on January 27, last year, obtained orders from the Chief Magistrate’s Court in Kibera that directed Kamani to surrender his passport and other travel documents.
But Kamani said the orders were not served on him as he was abroad at the time, and that he learnt of them only late last year.
He said his business and reputation had been injured by the posting of his photograph on the Kenya Police website among persons who had allegedly committed heinous offences, including serial murders, robberies with violence, carjacking and rape.
On Wednesday, Justice Nyamu certified Kamani’s application as urgent and gave the Principal Immigration Officer 14 days to furnish him with minutes of the meeting at which a decision to cancel the passport was arrived at.
Police list of wanted persons
Also certified urgent was a petition by Rashmi, a brother to Kamani, whose passport was also cancelled. The officers investigating the Anglo Leasing scam had, in the past, questioned the two brothers.
The two appear in a police list of wanted persons, with the officers offering a Sh150,000 reward to anyone who provides information leading to their questioning.
The police said the two had evaded KACC investigators seeking to question them on their involvement in the Anglo Leasing affair and security-related contracts.
Their father is a business magnate and the patriarch of the Kamani family, with interests in flower farms, infrastructure, telecommunications, project financing, real estate, cotton, Diani Reef Beach Resort in Mombasa and Radisson Whitesands Resort in Goa, India.
He is also involved with Unicorn Holdings Pvt Ltd, a company listed under Sebi website as having offered to buy out Rajath Finance.
Kamani Family also has investments in India, including 10 luxury hotels. They have also invested in Dubai.
The family has been involved in some controversial business deals, including alleged involvement in the Anglo Leasing scandal, supply of cars to the Kenya Police and the sale of radar equipment for air traffic control.
Anglo Leasing ghost returns to haunt Govt
By Nyakundi Nyamboga
The Anglo Leasing saga is back to haunt its architects during an election year, thanks to the Immigration Department and the Kenya Anti-Corruption Commission (KACC).
And the commission won’t, after all, be questioning Mr Deepak Chamanlal Kamani over his alleged role in the Anglo Leasing affair after the Immigration Department cancelled the businessman’s Kenyan passport.
Mr Deepak Kamani whose passport has been cancelled.
In what is likely to expose the Government as reading from different scripts on the war on corruption, Immigration — by cancelling the passport — has ensured the businessman does not return to face his accusers.
KACC has posted Kamani’s photograph on its website with a note that he has evaded its investigators, making the Immigration move raise eyebrows.
On Wednesday, it emerged that the businessman has accused the two arms of Government of denying him the opportunity to return to face his accusers.
He said neither KACC nor Immigration had tried to contact him and that by revoking his passport, the Principal Immigration Officer had, with the stroke of a pen, rendered him stateless and without travel documents.
‘Prejudice, extensive coverage and prejudicial effect’
Kamani, through his lawyers, said he was in India since January, last year, for business. The Kamani saga could bring the ghosts of Anglo Leasing bouncing back to haunt the Kibaki administration, which has already been dented by damaging claims by graft buster Mr John Githongo.
Kamani has recorded statements with KACC over his relationship with Dr Merlyn Kettering, an alleged player in the Anglo Leasing scam, and his alleged role in a passports tender for the Immigration Department. He recorded the statements in 2004 and 2005.
The businessman said he could not understand how he came to be labelled a fugitive yet KACC ought to have known he was in India, "attending to various family commitments and also setting up new business undertakings".
He said that with a "little diligence", KACC or the Immigration Department would have found out where he was.
Kamani argued that he continued to be portrayed as a fugitive yet no charges had been preferred against him nor had there been a conviction by any court.
The publication by KACC had made it impossible for fair trial due to prejudice, extensive coverage and prejudicial effect it had caused, he said.
In a petition presented to a Constitutional court on Wednesday, Kamani said he wanted to return at the earliest opportunity, to face any accusations that KACC and the Immigration Department may prefer against him.
Cancellation passport termed discriminatory
Through lawyer Mr Fred Ngatia, Kamani told Mr Justice Joseph Nyamu, he could not use a cancelled passport.
Kamani, as a citizen, had a constitutional right to enter Kenya, the right to leave and immunity from expulsion, he said. The lawyer said the cancellation of his client’s passport was discriminatory because the same punishment had not been meted out on other persons suspected of involvement in the Anglo Leasing contracts.
The lawyer said the Immigration Act did not empower the Principal Immigration Officer to cancel a passport and alleged that the cancellation was at the behest of KACC.
Ngatia said the cancellation was a punishment, which was extra-judicial and therefore in violation of his client’s right to a fair hearing.
The court was told the cancellation deprived Kamani of the opportunity to appear before a court to defend himself against the charges and claims.
Kamani also questioned the manner his passport – A892542 – was cancelled. The court was told the Principal Immigration Officer, Mr J K Ndathi, communicated a decision to cancel Kamani’s passport, together with those of other persons whom the Government was investigating in a letter dated last March 30.
‘Business and reputation injured’
Ngatia asked the court to order the Immigration Officer to produce a copy of the minutes and or record of deliberations that led to the decision to cancel his client’s passport.
The court was told the businessman got to know of the passport cancellation last September, while planning to return to Kenya.
The court was told Kamani had vast business interests in Unicorn International, which manages rose farms and a beach hotel. The rose farms employ 1, 300 people, and the hotel employs 200.
KACC had, on January 27, last year, obtained orders from the Chief Magistrate’s Court in Kibera that directed Kamani to surrender his passport and other travel documents.
But Kamani said the orders were not served on him as he was abroad at the time, and that he learnt of them only late last year.
He said his business and reputation had been injured by the posting of his photograph on the Kenya Police website among persons who had allegedly committed heinous offences, including serial murders, robberies with violence, carjacking and rape.
On Wednesday, Justice Nyamu certified Kamani’s application as urgent and gave the Principal Immigration Officer 14 days to furnish him with minutes of the meeting at which a decision to cancel the passport was arrived at.
Police list of wanted persons
Also certified urgent was a petition by Rashmi, a brother to Kamani, whose passport was also cancelled. The officers investigating the Anglo Leasing scam had, in the past, questioned the two brothers.
The two appear in a police list of wanted persons, with the officers offering a Sh150,000 reward to anyone who provides information leading to their questioning.
The police said the two had evaded KACC investigators seeking to question them on their involvement in the Anglo Leasing affair and security-related contracts.
Their father is a business magnate and the patriarch of the Kamani family, with interests in flower farms, infrastructure, telecommunications, project financing, real estate, cotton, Diani Reef Beach Resort in Mombasa and Radisson Whitesands Resort in Goa, India.
He is also involved with Unicorn Holdings Pvt Ltd, a company listed under Sebi website as having offered to buy out Rajath Finance.
Kamani Family also has investments in India, including 10 luxury hotels. They have also invested in Dubai.
The family has been involved in some controversial business deals, including alleged involvement in the Anglo Leasing scandal, supply of cars to the Kenya Police and the sale of radar equipment for air traffic control.
