THE Director of Public Prosecutions is seeking a court order to have eight Japanese witnesses give evidence in the Tokyo embassy scandal in their country.
Keriako Tobiko said through the anti-graft agency he has made all efforts to secure voluntary physical appearance of the witnesses to testify.
He filed an application yesterday in the case against former PS Thuita Mwangi, former deputy director of administration Anthony Muchiri and former Charge D’Affairs at the Kenyan embassy in Tokyo Allan Mburu.
The three have denied criminal charges in the Sh1.5 billion Tokyo embassy scandal.
Thuita and Waweru are accused of illegally approving the purchase of property in Tokyo for the Chancery of the Kenyan embassy and ambassador’s residence between January and October 2009.
The charge states the property could have been obtained at a fair price if proper procurement procedures had been adhered to.
It was bought at ¥1.75 billion (Sh1.3 billion).
He said the Japanese authorities contacted the witnesses and two have already testified in court.
"The response received indicates that the remaining witnesses, who are all Japanese nationals, are not in a position to attend court in Kenya for reasons of health, family commitments, work schedules among others," reads the application.
The DPP said there is sufficient evidence to demonstrate that the attendance of the witnesses cannot be procured without delay, expense and inconvenience.
He said the evidence of the witnesses is necessary and they cannot be compelled to travel to Kenya to testify.
Two days ago, a policeman from Tokyo Metropolitan Police Department testified in court, saying some of the witnesses may not testify due to old age and health reasons.
In yesterday's proceedings, the court declined to admit the evidence of a new prosecution witness.
Anti-corruption magistrate Doreen Mulekyo said introduction of the new witness will throw the defence case into disarray.
She said it is ill-timing and prejudicial for the state to produce the witness at such a stage.
The defence was opposed to the new witness, saying the prosecution had ambushed them.
Led by Paul Muite and Kioko Kilukumi, the defence argued that the new witness, a valuer, was not listed as a witness way before the case started and they were not informed that he would be testifying.
The case will be mentioned on May 6.