Magistrate quits Tokyo embassy case, cites interference by DPP

Former Foreign Affairs PS Thuita Mwangi (right), former Kenya ambassador to Libya Anthony Mwaniki Muchiri (centre) and former charge d'affaires at the Kenya Embassy in Tokyo Allan Mburu in a Nairobi in 2014. A magistrate handling the case has quit, citing interference from the DPP. FILE PHOTO | PAUL WAWERU | NATION MEDIA GROUP

What you need to know:

  • Her decision puts into disarray the trial of former Foreign Affairs PS Thuita Mwangi and his co-accused.
  • Ms Muleyko directed that the file be taken to the head of the Anti-Corruption Court for further directions.

A magistrate has disqualified herself from hearing the trial of three former senior government officials over the Tokyo embassy scandal, citing interference from the office of the Director of Public Prosecutions.

Chief Magistrate Doreen Mulyeko said she no longer felt comfortable handling the matter.

“The deputy director of public prosecutions made what can be described as very unforgettable comments and although he later apologised, the comments have taken a new life which makes it untenable for me to continue hearing the case,” said Ms Mulekyo.

Her decision puts into disarray the trial of former Foreign Affairs PS Thuita Mwangi and his co-accused, former ambassador to Libya Anthony Muchiri and former d'affaires in Tokyo Allan Mburu, given that the DPP had closed his case after presenting 18 witnesses.

The former PS and his co-accused are charged with abuse of office in procuring the embassy and ambassador’s residence in Tokyo at a price of Sh1.4 billion, and for failing to involve the ministerial tender committee in approving the purchase.

Ms Muleyko directed that the file be taken to the head of the Anti-Corruption Court for further directions.