Deputy Director of Public Prosecutions Jacob Ondaru says the court hearing the case in which former PS Thuita Mwangi and two others were facing charges of abuse of office forced the office of public prosecutions to terminate the case by refusing to hear further witnesses.
In a statement after the accused were acquitted, Mr. Ondaru said the public prosecutor was forced to prematurely close the case after the court rejected a plea to call six witnessed from Japan to support the case. The application was rejected because, according to the court, the accused persons were not given adequate notice for the calling of the witnesses.
Thuita was charged in 2013 alongside Charge d’affaires at the Kenyan Embassy in Tokyo Allan Mburu and Ambassador Anthony Muchiri. They were facing charges of abuse of and willful failure to comply with procurement laws in the purchase of Kenyan Embassy in Tokyo but they were all acquitted on all charges.
Director of Public Prosecutions, Mr. Ondaru said, will appeal against the acquittal adding the magistrate should have put the three accused persons on the defence so that they could explain some issues the curt said were not clear.
“The learned judge erred in acquitting all the accused persons on the ground that some members of the tender committee were not charged alongside the accused persons yet the evidence on record clearly demonstrate without a doubt that the accused persons were the originators and architects of the procurement,” Ondaru said.
The three men allegedly procured the embassy and ambassador’s residence in Tokyo at a price of Sh1.4 billion, without involving the ministerial tender committee.