Court of Appeal Issues a Stay Order in Sh3.5 Billion against Two Kamani brothers

By Our Reporter,Milimani Court.

The Court of Appeal has issued a stay order in a Sh 3.5 billion Anglo leasing case against two brothers Deepak Kamani and Rashmi Chamanlal Kamani.

When the case came up for mention before Milimani Anti-Corruption Court chief magistrate Harrison Baraza, the court was informed that a temporary stay of the trial court defense hearing had been issued by the Court of Appeal pending the hearing and determination of the substantive appeal on an expedited basis.

The court heard that substantive Appeal was found to have strong merits and is therefore marked as urgent to be heard on an expedited basis.

All prayers in the Certificate of Urgency were granted.The Defense hearing is stayed until the main appeal is heard and determination.

This follows a move by the two brothers who filed an application through their lawyer Abdinasir Mohammed before the Court of Appeal challenging a High Court ruling that placed them on their defence after finding that the DPP had established a prima facie case against them.

Deepak and Rashmi are seeking the appellate court to undertake an independent and comprehensive review of the subordinate court’s decision.

The trial court heard that the appellate court issued the temporary stay orders after the parties signed a joint stay consent to allow the Court of Appeal more time to hear and determine the main appeal.

However, the magistrate directed the case to be mentioned on May 19,2026 for the purpose of confirming the outcome of the Court of Appeal.

The Kamani’s had claimed that they have nothing to do with Apex Finance Corporation that was registered in Mauritius in January 8,1998.

They are said to have been single sourced by the government for the supply of security equipment at the Kenya police laboratory.

However, the DPP has opposed this request, noting that such a review by the court of appeal would prejudice the trial court’s mind and ability to make its own findings; therefore, the High Court is not to be faulted for not penning in full reasoning, as that would equally have prejudiced the trial court’s mind in independently evaluating the evidence.

In July 2025,the High court quashed the acquittal of two international businessmen Deepak Kamani and his brother Rashmi Kamani and three former PSs in the Sh3.5 billion Anglo leasing scandal and ordered their retrial.

Anti-Corruption High Court judge Benjamin Musyoki set aside the acquittal of three former PSs namely Joseph Magari, Dave Mwangi and David Onyonka who are all former permanent secretaries.

However, a magistrate acquitted them but the Director of Public Prosecutions appealed their acquittal.

Justice Musyoki said the DPP had established a prima facie case against the accused.

It was established that the former permanent secretaries authorised the project despite there being no budgetary allocation.

They are accused of conspiring to defraud the Government of Kenya of 40 million Euros through a purported Supplier’s Credit Agreement for the modernization of police security equipment and accessories for the Kenya Police, dated December 17, 2003.

The alleged offences were committed between October 30, 2003, and April 14, 2004, in Nairobi.
[DNK-International@February 19,2026]

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