Foreign Affairs PS Thuita Mwangi out on Sh2m bail

By PAUL OGEMBA pogemba@ke.nationmedia.com
Posted  Thursday, February 28  2013 at  13:54

Foreign Affairs Permanent Secretary Thuita Mwangi (right) and ministry official Allan Mburu (left) in court February 28, 2013. The two were released on a Sh2 million cash bail. PAUL WAWERU   

Foreign Affairs PS Thuita Mwangi and the Charge d’Affairs at Kenya Embassy in Tokyo Allan Mburu were Thursday arraigned in a Nairobi court.They, however, did not plead to the charges of abuse of office, conspiracy to commit fraud and willful failure to comply with procurement rules in purchasing the Kenya Embassy and Ambassador’s residence in Tokyo.Their co-accused, Kenya’s ambassador to Libya Anthony Mwaniki Muchiri did not turn up in court and summons were issued for him to appear on March 14.Mr Mwangi and Mr Mburu through lawyers Evans Monari, Katwa Kigen and Wifred Nderitu opposed the charges being read arguing that they wanted the matter referred to the High Court for constitutional interpretation.

Mr Monari submitted that the particulars of the charge sheet related to matters that took place between January and October 2009 and it would be unfair to bring up criminal charges on events that took place four years ago.“There has been several inquiries in Parliament, Ministry of Foreign Affairs, the Ethics and Anti-Corruption Commission and Treasury all which cleared Mr Mwangi and we don’t understand why charges are being brought up now,” said Mr Monari.Mr Kigen argued that the PS had been mistreated by the EACC in the manner in which it arrested him in his office and want to take the matter to constitutional court for redress.

According to Mr Kigen, storming Mr Mwangi’s office at 4.30pm and arresting him in front of his staff was inhuman treatment meant to humiliate and inflict maximum embarrassment on him.“The PS even stepped aside for ten months to allow investigations into the scandal and only came back after all indications was that he is innocent. There is evidence of ulterior since the interest of the prosecution is not justice but a way to punish Mr Mwangi,” said Mr Kigen.Mr Nderitu defended Mr Mburu saying that it was regrettable that a matter investigated in 2009 would be dealt with in such a haste and indecency, terming it an abuse of the legal process.Senior assistant Director of Public Prosecution Kioko Kamula bitterly opposed their applications and urged the court to let the accused answer to the charges.

Mr Kumula argued that there was nothing illegal in the manner in which the two were arrested since they were treated like any other suspect and that it would be a miscarriage of justice if the plea was deferred without an application having been filed at the High Court.“The defence has not said the charges are defective and the court cannot act on speculations. They are free to go the High Court if there are issues of constitutional violation but that cannot stop answering the charges,” said Mr Kumula.He denied claims that the DPP’s office had refused to supply copies of evidence saying the trial only begins when a person has formally answered to the charges and that they will do so once Mr Mwangi and Mr Mburu take the plea.Acting chief magistrate Doreen Mulekyo said both sides had raised weighty issues which she needs to consider and will rule whether the two will take a plea on March 8. She released them on  a cash bail of Sh2 million each.

According to the charge sheet, Mr Mwangi and Mr Mburu conspired to commit fraud by approving the purchase of a property known as 3-24-3 Yakumo Meguro-ku in Tokyo for the Chancery of the Kenya Embassy and Ambassador’s residence.It alleged that the two purchased the property at 1.75 billion Japanese Yen (about Sh1.6 billion) while aware that a fair market price could have been obtained had they adhered to proper procurement procedures.They were also accused of abuse of office and willful failure to comply with procurement rules. It was alleged that on June 30 2009, they used their offices to improperly confer 318,700,000 Japanese Yen (Sh302.7 million) to Nobuo Kuriyama for the purchase of the property.