LSK will not allow Anglo Leasing payments to be made
06 May 2014, 18:28
Nairobi - Lawyers have as promised moved to court to stop the planned payment of Anglo-leasing money by
Lawyers James Aggrey Mwamu, the Vice President of the East Africa Law Society,
Antony Khamati and Ms Nyathira Muthuma, Law Society of Kenya, LSK said that the
payment of the over $12 million (Sh1.02 billion) is a breach of the
constitution and goes against the will of the Kenyans.
decision to pay is baseless and based on untenable grounds. The company that is
being paid to wasn’t even registered let alone allowed to do transactions of
such big monies, and the government wants to pay?” Mr Mwamu said.
Mwamu held that the foreign court that delivered the judgment requiring the
Kenyan Government to pay the Anglo-leasing money was biased and it was evident
according to the judgment.
Kenyan Solicitor General Mr Njee Muturi filed several complaints over how the
case was being handled at the foreign court but the learned judge ignored the
concerns and went ahead to make the outrageous judgment,” the lawyer said.
to the East Africa Law Society vice president, the judge also refused to give
room for an appeal to be lounged saying that a consent which LSK allege the
government never signed was the ground to throw out the appeal.
judge seemed to have very casually brushed aside the very strong defenses and
counterclaims and the evidence brought forward by the Kenyan Government raising
questions as to whether the government was ever given a fair hearing,” Mr Mwamu
said that a judgment that forces the people of Kenya to pay for corrupt deals
is a judgment which is contrary to public policy and a close perusal reveals
that the judge granted summary judgment for a figure which was not in the
to Mr Mwamu, the judge in England relied on information being provided by a
lawyer for the plaintiff one Mr Maclaren as to the amounts and figures to be
paid without considering that the solicitor general did not have such
information as to the amounts.
Muturi looked helpless and had no adequate knowledge of the case which was
inappropriate conduct and revealed total bias against the Kenya Government,” he
September 5 2006, Universal Satspace (North America) LLC sued Kenya over $
12,366,816 at the Justice Queens Bench Division Commercial Court whose decision
has raised concerns over how the matter was ran.
Mwamu said that a report by Kenya Anti-Corruption Commission Director Justice
Aaron Ringera and which is dated May 3 2007 on the Anglo-leasing dealings
revealed that the company, Universal Satspace did not exist and was a fake
company with no offices or telephone lines.
David Majanja declined to give orders stopping the payment of the money but
certified the petition as agent.
case will be mentioned on Wednesday.
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