ACC 2 OF 2013 - Republic vs Thuita Mwangi, Anthony Mwaniki Muchiri and Allan Waweru Mburu
Summary: Charges were preferred against the 3 accused with respect to the purchase of a chancery in Tokyo by the GOK for the Kenyan Embassy in Japan. Based on an increase in cost from the initial 1,431,300,000Yen to the paid total of 1,750,000,000Yen, the 3 were accused of conspiring to commit an offence of corruption, abuse of office, false assumption of office (3rd accused only) and flouting procurement procedures in the direct purchase of the property known as 3-24-3 Yakumo Meguru-KU in Tokyo, the Chancery for the Kenyan Embassy and Ambassador's residence, as opposed to the initially identified Plot 4-6-1 Minami Hazabul Minato-KU. Court concluded that from the record of this case there were indeed many breaches in the procurement procedures related to the purchase of this property, such as the backdating of the agreement of sale for the property committed even by some of the witnesses in this case, but that the prosecution had not put them to acount and had failed to link the 3 accused to any of those breaches.
First offence date: 01/Jan/2009
Start date: 01/Jan/2013
Ruling date: 01/Jan/1970
Defendant plea:
Amount involved: KES 1,524,425,000.00
Type of case: Conspiracy to commit an offence of corruption and economic crime, Abuse of Office, Wilful failure to comply with the law relating to the management of funds and incurring of expenditures
Resolution comments:
Charge
Plea
Fine amount
Judgement
Count 1 - Conspiracy to commit an offence of corruption contrary to Section 47 A as read with Section 48 (1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 2 - Abuse of office contrary to Section 46 as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 3 - Wilful failure to comply with the law and applicable procedures relating to procurement contrary to Section 45 (2)(b) as read with Section 48(1) of the Anti Corruption and Economic Crimes Act
Not guilty
0.00
Acquittal
Count 4 - False assumption of authority contrary to Section 104(b) as read with Section 34 of the Penal Code
Not guilty
0.00
Acquittal
Places
Ministry of Foreign Affairs
Employer at time of Offence -
Kenya Embassy, Tokyo
Employer at time of Offence -