This archive report was first published on 11 June 2020.
On June 11, 2020, the Court of Appeal made a significant ruling that overturned a 2008 decision by Justice Joseph Nyamu, which had barred the government from investigating Anglo Leasing type contracts.
The contracts, worth billions of shillings, were awarded to ghost firms, resulting in significant losses to taxpayers.
Justice Nyamu had ruled that the Ministry of Finance could not hire audit firm PricewaterhouseCoopers to investigate whether the government got value for money in the 18-Anglo Leasing security-related contracts.
However, the Court of Appeal, comprising Justices Martha Koome, Hannah Okwengu, Asike Makhandia, Daniel Musinga, and Sankale ole Kantai, faulted the decision, saying it was not supported by cogent evidence.
The court ruled that the government had the right and a public duty to verify whether there was value for the money spent on the contracts.
“Accordingly, we allow it and set aside the orders granted in the impugned judgment dated 10th July, 2008 and all the consequential orders thereto and substitute therefor an order dismissing the petition with costs to the appellant”, the court ruled.
