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Senior consul Paul Muite with his client former Foreign Affairs Permanent Secretary Thuita Mwangi leaving Milimani law courts after Anti-corruption Doreen Mulekyo dismissed an application by the Director of Public Prosecution to have eight witnesses who are unable to travel to Kenya to testify in Tokyo over the case of sale of Tokyo embassy in Japan on Monday 10 August, 2015.
Director of Public Prosecutions Keriako Tobiko has lost a bid to secure evidence from eight Japanese witnesses in the Sh 1.5billion Tokyo Embassy scam that led to suspension of former foreigner affairs PS Thuita Mwangi.
This is after trial Anti-corruption magistrate Doreen Mulekyo ruled that the Kenyan Court has no jurisdiction to direct the witnesses to give evidence.
“The court does not have the capacity to order that testimonies be taken outside the country,’’ Mulekyo declared.
The office of DPP had been seeking mutual legal assistance from the government of Japan for examination on oath of the witnesses who are unable to travel to Kenya to testify.
It was his argument that the eight witnesses who are Japanese nationals are unable to travel due to their health, age, family commitment and work schedules.
The court had been urged to issue the orders on grounds that the Japanese witnesses are crucial to the criminal trial.
Prosecuting Counsel Jacob Ondari, had sought the issuance of a commission to a court of competent jurisdiction in Japan to take the evidence in regard to purchase of the property to set up the Kenya Embassy.
Ondari requested the court to give directions to complete and submit a request for mutual legal assistance that is in compliance with the Criminal Procedure Code through the Ministry of Foreign Affairs.
The evidence required by the DPP was that of Hidehiko Takashahi a real estate agent, Akiyoshi Ohtake a legal scrivener, Shoji Yanagawa an attorney, Selichiro Yamaguchi a national public servant, Tsuyoshi Takano Real estate appraiser, Yoshito Kijima Real estate agent and administrative secretary, Nobuo Kuriyama, company director and Takaomi Inoue, assistant inspector in charge of the organized crime bureau.
So far, the state has called 16 prosecution witnesses to give evidence in a case in which Former foreign affairs PS Thuita Mwango together with two others are accused of conspiring to defraud the government Sh 1. 5 billion for the purchase of the Tokyo Embassy.
Thuita, former Deputy Director of Administration, Anthony Mwaniki Muchiri and former Charge D’Affairs at the Kenyan embassy in Tokyo, Allan Waweru Mburu have since denied the charges and are out on Sh 2million cash bail.
The former PS and Waweru have been accused of committing the offense on diverse dates between January and October 2009 jointly conspired to commit an offence of corruption by approving the purchase of the property known as 3-24-3 yakumo Meguro-ku in Tokyo for the Chancery of the Kenya Embassy and Ambassador’s residence at a price of 1.75 billion Japanese Yen while aware that a fair price could have been obtained had proper procurement procedures adhered to.

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