Director of Public Prosecutions Keriako Tobiko yesterday denied having a vested interest in the Sh1.5 billion Tokyo embassy scandal.
The DPP, through his deputy Jacob Ondari, said the notion that his office has an interest in the case is not true.
He told Nairobi magistrate Kennedy Bidali they are keen to have the matter put to rest, as they consider the interest of the complainant and the public at large in adjudicating the case.
The remarks follow the withdrawal of magistrate Doreen Mulekyo from the case over what she termed interference from the State Law Office.
She said she could no longer preside over the matter following an “adverse statement” made by the office of the DPP.
Mulekyo said on April 29 last year, the office of the DPP made what can only be described as a “very unfortunate comment” for which he unreservedly apologised to the court and the defence team and she considered the matter had been put to rest.
She did not mention the comment.
Mulekyo said it appeared the comment took “a life of its own” and it was no longer tenable for her to continue hearing the matter.
Tobiko said he was surprised that the magistrate could make such a move.
He said the remark that the case has “taken a life of its own” is unknown to him.
“On behalf of the DPP, I wish to inform the court that he has no interest in the case and our duty is to lay the evidence before the court so a determination can be made,” Ondari said.
In the case former PS Thuita Mwangi, former deputy director of administration Anthony Muchiri and former charge d’affairs at the Kenyan embassy in Tokyo Allan Mburu have denied involvement in unlawful procurement of the Sh1.5 billion embassy land.
The case will be heard on February 22.