SIX Japanese will not testify against former senior government officials implicated in the Sh1.3 billion Tokyo embassy scandal, as applied for by the Director of Public Prosecutions.
Former Foreign Affairs PS Thuita Mwangi and his two co-accused in the embassy’s inflated purchase had opposed the DPP’s application.
They cited lack of mutuality between Kenyan and Japanese laws.
Yesterday, chief magistrate Doreen Mulekyo ruled that the court is not the competent authority mandated to seek mutual legal assistance.
“The DPP is not asking this court to initiate a request but to seek for mutual legal assistance from the government of Japan through a commission order,” she said.
“He has however failed to demonstrate that the court has the authority to issue a commission.”
Senior principal magistrate Lawrence Mugambi delivered the ruling on Mulekyo’s behalf.
Mwangi, former deputy director of administration Anthony Muchiri and former charge d’affairs at the Kenyan embassy in Tokyo Allan Mburu have denied criminal charges in the scandal.
Thuita and Muchiri are accused of illegally approving the purchase of property in Tokyo between January and October 2009.
The charge states the property could have been obtained at a fair price if proper procurement procedures had been followed.
