Business Daily (Kenya) - - FRONT PAGE - Abiud Ochieng aaw­[email protected]­tion­

The UK Se­ri­ous Fraud O ice (SFO) yes­ter­day re­vealed to the anti-cor­rup­tion court that a irm linked to the An­glo Leas­ing con­tracts was not aghost ir­mas it failed to o er ev­i­dence link­ing the com­pany to fraud fol­low­ing its in­ves­ti­ga­tions..

The UK Se­ri­ous Fraud Of­fice (SFO) yes­ter­day re­vealed to the anti-cor­rup­tion court that a firm linked to the An­glo Leas­ing con­tracts were not ghost com­pa­nies as it failed to of­fer ev­i­dence link­ing the com­pany to fraud fol­low­ing its in­ves­ti­ga­tions.

Mr Clyde Marklew, se­nior in­ves­ti­ga­tor at SFO, told the anti-cor­rup­tion court via video link that the UK in­ves­ti­ga­tions found regis­tra­tion doc­u­ments and board res­o­lu­tion state­ments for Sound Day.

Sound Day was one of the firms of­fered multi­bil­lion- shilling ten­ders that the gov­ern­ment can­celled as ir­reg­u­lar in 2003 and was de­picted in past ac­counts as a ghost com­pany.

Mr Marklew failed to re­veal whether the firm was en­gaged in eco­nomic crime fol­low­ing its probe of state­ments from Bar­clays Bank, HSBC Pri­vate Bank, Syn­di­cate Bank and con­sul­tancy firm, Alexan­der and Co Part­ners.

The pros­e­cu­tion had ar- ranged for Mr Marklew to shed light on the An­glo Leas­ing con­tracts, but his fail­ure to of­fer de­tails of the in­ves­ti­ga­tions prompted de­fence lawyers to opt not to cross-ex­am­ine him.

SFO had in 2007 launched in­ves­ti­ga­tions into the An­glo Leas­ing con­tracts with a view to pros­e­cute Bri­tish busi­ness­men, but closed the probe in 2009 after Kenyan At­tor­ney Gen­eral failed to pro­vide ev­i­dence on the al­leged cor­rup­tion.

Mr Marklew said the SFO agreed to ob­tain ev­i­dence abroad on be­half of Kenya fol­low­ing re­quest from the now de­funct Kenya Anti-cor­rup­tion Com­mis­sion in 2007.

KACC had sought to be as­sisted with any doc­u­ment in Bri­tain rel­e­vant to the An­glo Leas­ing in­ves­ti­ga­tions.

“The re­quest we re­ceived re­lated to An­glo Leas­ing se­cu­rity con­tracts, and KACC wanted in­for­ma­tion rel­e­vant to the in­quiry it was con­duct­ing. The re­quest in­cluded ob­tain­ing com­pany and bank­ing in­for­ma­tion, which we did,” ex­plained Mr Marklew.

Be­sides bank state­ments, the doc­u­ments ob­tained by the SFO in­cluded the mem­o­ran­dum of as­so­ci­a­tion, ar­ti­cles of in­cor­po­ra­tion, share cer­tifi­cate, and res­o­lu­tion of the board of di­rec­tors.

The fraud of­fice raided pri­vate and busi­ness ad­dresses in the UK and seized some doc­u­ments.

Mr Marklew could not com­mit to find­ing in­crim­i­nat­ing ev­i­dence in the doc­u­ments they had re­ceived.

Other in­quiries were made in the Bri­tish tax havens of Jersey and Guernsey through which much of the money flowed.

Swiss-based lawyer Marc Hen­zelin hired by Kenya to seek ev­i­dence linked to the An­glo Leas­ing con­tracts in Switzer­land tes­ti­fies be­fore the Anti-cor­rup­tion Court last JULY--FILE

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