The court yesterday heard that a lawyer from the DPP’s office had during the hearing of the case insinuated that the trial magistrate and the defence had made an arrangement to conclude the case.
The defence lawyers said yesterday they are seeking a written confirmation from the DPP that his office shall investigate the full circumstances surrounding the trial magistrate’s recusal.
The DPP is appealing the acquittal of the three, and wants them placed on their defence.
Director of Public Prosecutions (DPP) Keriako Tobiko has been directed to respond to allegations that his office had been interfering with the course of justice in the case where ex-Foreign Affairs PS Thuita Mwangi, and two others, were being prosecuted over alleged fraud in the purchase of the Tokyo embassy.
Mr Mwangi, charge d’affairs at Kenyan embassy in Tokyo Allan Mburu and Kenya’s ambassador to Libya Anthony Mwaniki Muchiri, were last year cleared of claims they had flouted procurement rules in buying the building.
Though the DPP is appealing the ruling, which set them free, Anti-Corruption Court judge Hedwig Ong’udi directed yesterday that the DPP responds to the issues raised by the defence, before the main appeal can be heard.
“The DPP is hereby ordered to respond to the concerns raised by the defence lawyers in their letter,” ruled Mr Justice Ong’udi.
The court yesterday heard that a lawyer from the DPP’s office had during the hearing of the case before the magistrate court, insinuated that the trial magistrate and the defence had made an arrangement to conclude the case at the “no case to answer” stage.
The allegation had caused the trial magistrate to recuse herself from hearing the case any further.
The matter then proceeded before a different magistrate who later delivered a ruling.
The defence lawyers in their letter to the DPP, had said the interference with the administration of justice, threatens the right of the accused persons to a fair and expeditious trial, and erodes the independence of both the DPP’s office and that of the Ethics and Anti-Corruption Commission.
The defence lawyers said yesterday they are seeking a written confirmation from the DPP that his office shall investigate the full circumstances surrounding the trial magistrate’s recusal, notify them of the investigation results and, undertake that criminal action shall be taken against DPP’s officers who are implicated in interfering with the due administration of justice or legal process.
The DPP is appealing the acquittal of the three, and wants them placed on their defence, stating that the trial magistrate erred in law in finding that the prosecution had not established a case against the three.
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