State loses case against former PS Thuita Mwangi
2 months ago, 13 June 19:47
The State has lost a case where it was challenging the acquittal of former Foreign Affairs Principal Secretary Thuita Mwangi and two others over the Tokyo Embassy scandal.
Justice Heswing Ogundi on Wednesday ruled that the trial magistrate did not error in law when he ruled that the prosecution did not tender enough evidence against the three.
The appeal was filed by former Director of Public Prosecution Keriako Tobiko in January 2017 following an acquittal of the three by a Nairobi court.
In the appeal, Tobiko argued that he was blocked from presenting six crucial witnesses to testify in the case and faulted the judge for acquitting the accused despite acknowledging that there were procurement flaws.
During the acquittal, the Principal Magistrate, Kennedy Bidali, ruled that after assessing all the 18 prosecution witnesses accounts, he found out that the prosecution did not have sufficient evidence to support their case.
Mwangi and his co-accused are said to have facilitated an illegal purchase of the Kenyan embassy in Tokyo Japan where the sale was made at Ksh.1.5 billion.
The scam emerged in 2010 when it was revealed that government officials chose to buy the Kenyan embassy from a private seller instead of the Japanese Government which offered a lower price.
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