Kenyan government loses bid to summon 8 Japanese in Sh1.7 billion scandal
By Caroline Rwenji
| August 11th 2015
The Government has lost its bid to have eight Japanese summoned to testify against former Permanent Secretary Thuita Mwangi over the controversial purchase of Kenya embassy property in Tokyo, Japan, for which taxpayers reportedly lost Sh1.7 billion.
Chief Magistrate Doreen Mulekyo said the court lacks the necessary jurisdiction to issue such communication to the Japanese. The Kenyan court, she said, is not mandated to issue the communication to a court of competent jurisdiction in Japan.
"The court lacks the competent authority mandated to seek mutual legal assistance (MLA) under the MLA Act Number 36 of 2011," Ms Mulekyo said in a ruling read by Senior Principal Magistrate Lawrence Mugambi.
Mulekyo said the Director of Public Prosecutions (DPP) had not demonstrated to the court that it was one of the courts envisaged under Section Five of the Evidence by Communication Act of 1859 (UK) to issue such a communication. Through lawyer Paul Muite, Mr Thuita said the DPP's application was flawed and should be thrown out.
"The application is flawed as the court does not have competent authority. The evidence to be obtained would be inadmissible as there is no parity between Kenyan criminal law and procedure and Japanese criminal law and procedure," he said.
The State was seeking mutual legal help in collecting crucial evidence from the Japanese, who had declined to travel to the country to testify against Thuita and two others. The DPP believed the case against Thuita, Antony Mwaniki and Allan Mburu would collapse in the absence of the evidence of witnesses.
Civil society groups in Kenya push for laws to criminalise tax evasionThe civil society in Kenya wants Parliament to join them in the push to end tax evasion through enactment of laws that enhance compliance from international trade.
Why Kenyan boxers are winning medals once againThe BFK led by President Anthony ‘Jamal’ Ombok was elected into the office in 2019 and has since...
We’re broke, Moi University now admits
- We are implementing CBC to keep our jobs, teachers tell Magoha
By James Omoro
- Waiguru dumps Uhuru party for DP Ruto’s UDA
- Contractor set to open closed sections under construction on Mombasa Road
- Mbowe in Tanzania's court
- Nakuru doctor suspected of killing his two children dies in hospital