Former foreign affairs .Permanent Secretary Thuita Mwangi, former Deputy Director of Administration, Anthony Mwaniki Muchiri and Allan Mburu former Charge D’Affairs at Milimani Law Court during their ongoing trail.
By SAM ALFAN.
A document hitch yesterday forced the ongoing trial of former Foreign Affairs PS Thuita Mwangi and two officials to adjourn for the second time after the defence raised objections for lack of original documents.
This is after defence lawyers Paul Muite, Kioko Kilukumi and Wilfred Nderitu demanded that the prosecution must produce all original documents that it seeks to rely on before the trial proceeds. The defence alleged that the original letter of offer from the Japanese government which they had demanded to be produced in court had a mismatch with the copies they had been supplied with.
On Monday the defence stood down the first witness Ambassador Denis Awori on grounds the prosecution had not supplied the defence with the original offer for the piece of land which Japanese government offered Kenya at affordable prices for the construction of the embassy.
“The prosecution brought this case to court after investigations were conducted. With such serious charges against the accused one expected that the prosecution did a thorough investigations backed by original documents,”Mr Muite argued.
Lawyer Kilukumi demanded that the prosecution must also be ordered to produce all correspondences by the Japanese and Kenyan governments prior to the offer of the alleged piece of land that the accused are alleged to have ignored and instead opted to buy a building. “All the documents we have been supplied with are mere copies none is even certified.
Presumably the state has the original copies which the defence must be furnished with certified copies before the trial proceeds,” said Kilukumi.
State Counsel Daniel Karuri sought to explain the reasons why the original copies were not available but the defence demanded that the original copies of all the correspondences between Nairobi and Tokyo be produced with certified copies.
“It has been a long time since the time the alleged offence was committed which raises the possibility of relying on the copies the prosecution has produced as we trace the original copies. However, the investigation officer will be in a better position to explain as to when the originals will be availed in court,” Karuri said.
Attempts by State Counsel to raise objections over the defence’s demands hit a snag after acting Chief Magistrate Doreen Mulekyo immediately summoned the investigation officer Kipsang Sambai to explain the whereabouts of the file with the original documents. Mr Sambai informed court that he has been unable to trace the file at the Ministry of Foreign Affairs headquarters at Harambee House but efforts were in place to locate it. He asked for more time and pledged to ensure the file is produced in court as demanded by the defence
The magistrate directed the prosecution to ensure that the file with the original documents is produced in court to avoid unnecessary delays.
”Every document that touches on this case must be availed with the original copy before the trial proceeds. All this objections are likely to forestall this case yet it is in the interest of this court to see that this matter is handled expeditiously,” Mulekyo said.