Personal statement on the Tokyo Embassy case

After more than three years the court has today delivered an emphatic verdict of NO CASE TO ANSWER in the Tokyo Embassy Case. In doing so, the court has laid bare the truth; that there was never any offence or wrong doing by the accused persons in the first place. The Tokyo Embassy Case has for the last six years attracted much public notoriety partly due to the large amount of money that has been bandied around by the EACC and the media and partly due to the repeated presentation of the case as an important statistic in the fight against corruption.

It has always been our contention that the Tokyo case, which has consumed millions of tax payers’ money, was merely an over-publicized castle of sand that has quickly crumbled upon scrutiny. This was a case that was doomed right from the beginning as it was always very low o legal or evidential foundation and high on false allegations, innuendo, gossip, rumors, suppositions and unsubstantiated presumptions.

Based on the overwhelming and incontrovertible testimony of virtually every witness brought by the prosecution including all the way from Japan, the court has clearly shown that the accused should never have been subjected to this prolonged, unworthy and unwarranted trial in the first place. Indeed, we knew all along that there was not an iota of evidence, direct or circumstantial linking us to any wrong doing and despite of being fully aware, the prosecution went ahead to subject us to what has been a needless and baseless trial.

Indeed, throughout this trial and on an unprecedented scale, the extent of abuse of the criminal justice system and the apparent flagrant and coercive use of the investigatory powers of the EACC and the prosecutorial powers of the DPP have emerged. In the absence of even a single shred of evidence to support their case, and going by the proper interpretation of the law there is an irresistible inference of bad faith, prejudice, vindictiveness, bias, malice, abuse of office and a clear breach of statutory duty on the part of the EACC and the prosecution. Indeed, this oppressive abuse of the criminal process has damagingly been carried out throughout the entire period of the so called investigations in the form of stage managed releases in dribs and drabs of partial and false information to the media.

All this done in order to paint the Tokyo embassy purchase with sleaze and scandal totally unwarranted by the evidence collected in Japan by EACC investigators themselves as well as the findings of independent forensic auditors. Moreover, it is on record that the EACC also recklessly and deliberately disregarded material exculpatory evidence availed to them by Japanese witnesses’ right from the beginning and pressed on with charges in total disregard of potential injury to personal reputation, professional taint and damage to careers of innocent individuals. We are happy that the court has finally pronounced itself with resounding clarity on the manifest, extensive and unmitigated impunity and abuse of power by these state agencies.

Every state officer must be required to act professionally, and to do their work in a manner that maintains public confidence and the integrity of the office they hold as is the requirement in the Leadership and Integrity Act. Sadly most of these officers have fallen far short of this requirement.

The conduct of these individuals has violated both the spirit of the constitution and the requirements of the Leadership and Integrity Act. So far no case illustrates the scale and the depth of abuse in these institutions as the Tokyo Embassy Case. Unless a public enquiry is instituted to investigate the conduct and behaviour of these officers no amount of public relations and statistics will help in the fight against corruption.

This trial has run a considerable course, but our persistent and undaunted pursuit of a just and expeditious conclusion of this matter will continue. We remain unyielding in our resolve to defend our constitutional rights to be free from such unlawful conduct by shadowy figures behind this callous miscarriage of justice whose sole intent has been to ensure that I am “fixed” for fictitious offences that I evidently did not commit. These figures in an attempt to pervert justice had even the audacity to intimidate a judicial officer during the trial leading to her recusal.

Lastly, let me restate what I have always said about so called Tokyo scandal; the role i played in the entire process of acquisition of the Kenyan Embassy in Tokyo was at all material times guided by prudent policy considerations and characterized by consistently deliberative and rational dispensation of my lawful authority. Not a single cent of public money was lost, stolen or misappropriated. In as much as we must fight corruption, we cannot do it at the expense of innocent people, their reputations, their careers and with no regard to the anguish visited upon their families. Prosecution of innocent people must stop.

Thuita Mwangi
30TH March 2016

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