EACC coached witnesses, court told

The Ethics and Anti-Corruption Commission coached witnesses during the  Sh1.5 billion Japan embassy probe, three government officials battling their prosecution for corruption claimed Monday.

The petitioners told justice David Majanja in a supplementary affidavit that they have evidence that the agency cooked up a case against them and “pushed witnesses to record statements in its favour” after realising that the initial statements taken from the very witnesses exonerated them.

“EACC procured and presented to court, charge statements and testimony of witnesses which went through metamorphism over time. For instance an affidavit sworn on May 8 2010 shows the first statement of  Ms Catherine Muraguri and Peter K Mose as earlier vindicating the petitioners, only to incriminate them later in a different one submitted on February  2 2011,” their lawyers observed.

Former Ministry of Foreign Affairs PS Mr Thuita Mwangi, ambassador Antony Muchiri and embassy administrator Allan Mburu moved to court challenging their prosecution over the purchase of the embassy and want the High Court to quash the charges levelled against them.

They have also challenged the case on grounds that they were selectively picked for prosecution, the deliberations of the ministerial tender committee that sanctioned the purchase, notwithstanding.

EACC has however maintained  it took the trio to court “based on evidence gathered.”

“It acted in good faith and conducted the investigations with its core values of professionalism and fidelity to the law,” lawyer David Ruto said.

“We submit from the onset that the law abhors delay... it is against public policy for criminal proceedings  to be subjected to delay by collateral challenges,” Mr Ruto said . EACC ,the court heard, wants the court to throw out the petition for the sake of a speedy trial.