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LSK will not allow Anglo Leasing payments to be made

06 May 2014, 18:28 Victor Tinto

Nairobi - Lawyers have as promised moved to court to stop the planned payment of Anglo-leasing money by the Government.

Through 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.

“The 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. 

Mr 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.

“The 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.

According 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.

“The 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.

He 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 application.

According 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.

“Mr Muturi looked helpless and had no adequate knowledge of the case which was inappropriate conduct and revealed total bias against the Kenya Government,” he said.

On 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.

Mr 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.

Justice David Majanja declined to give orders stopping the payment of the money but certified the petition as agent.

The case will be mentioned on Wednesday.

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