Ex-PS wants charges over Tokyo embassy scam dropped

Former Foreign Affairs Permanent Secretary Thuita Mwangi (right) and ex-ministry official Allan Mburu (left) in court February 28, 2013. Mr Mwangi has asked the High Court to quash the corruption charges against him over the Sh1.5 billion Japan embassy scandal, saying he is improperly charged. PAUL WAWERU 

By RICHARD MUNGUTIi

 

A former Foreign Affairs Permanent Secretary Thuita Mwangi has asked the High Court to quash the corruption charges against him over the Sh1.5 billion Japan embassy scandal, saying he is improperly charged.

The former PS, who is charged alongside Ambassador Antony Mwaniki and Allan Waweru Mburu, says he is wrongly indicted since the Ethics and Anti-Corruption Commission (EACC) was not properly constituted when it filed charges against him.

Lawyer Katwa Kigen, who is defending him in court, says EACC had no chairman and therefore the corruption charges filed against the former PS are “null and void”

EACC chairman Mumo Matemu only assumed office this month after the Court of Appeal quashed an earlier ruling that barred him from assuming office over claims of lacking integrity.

The former PS is asking the High Court to stay the criminal trial pending before acting Chief Magistrate Doreen Mulekyo while the superior court inquires into the authenticity of the charges.

He has named the EACC, the Director of Public Prosecutions, the Attorney General and the Chief magistrates court as the defendants.

In his submissions filed by Mr Kigen before Mr Justice David Majanja challenging the criminal case, Mr Mwangi alleges "the State has not established it has prema facie case with a propability of success.”

He says the trial has taken five years to be commenced while investigations were finalised in 2009.

“The petitioner's ((Mwangi) right to a fair trial has been violated as he and others are being tried five years after the commission of the offence,” Mr Kigen says in his submissions.

He adds that the charges against him are unjust as they allegedly violate his indemnity under Article 236 of the Constitution which protects him against being prosecuted for administrative actions take in “good faith.”

Mr Mwangi is facing three counts of conspiracy to commit offence of corruption by means of “breach of trust by approving the purchase of the property for the Chancery of Kenya Embassy in Tokyo, Japan at a price of 1.75 Yen billion while aware that a fair market price could have been obtained had proper procurement procedures been adhered to.

He is also accused of abusing his office by “using his offices to improperly confer a benefit of 318,700,000 Japanese Yen to Mr Nobua Kuriyama for purchase of the Chancery of Kenyan Embassy being the difference between the actual price paid of 1,750,000,000.00 Japanese Yen and 1,431,300,000 Japanese Yen being the value assessed by the Government of Kenya valuer"

The third charge is that of wilful failure to comply with the law and applicable procedure relating to procurement of real estate property.