High Court halts suspension of PS Thuita Mwangi

The High Court has temporarily stopped the Magistrate court from prosecuting Former Foreign Affairs Permanent Secretary, Thuita Mwangi.  High court judge, Justice Isaac Lenaola issued the orders barring the prosecution till the case is heard and determined. Lenaola also ordered that the Former PS shall not be suspended from Public Service pending the appeal lodged in high court is heard and determined.

Thuita who had been arraigned in court earlier is alleged to have irregularly purchased of a 1.1 billion shillings embassy residency in Tokyo. However Mwangi and his co-accused Allan Mburu through lawyer, Katwa Kigen made an application to stop the taking of plea until the case filed by Mwangi is heard and determined. Mr Kigen said that Mr. Mwangi is innocent until proven otherwise and should therefore be allowed to continue exercising his duties as the PS.

“He should not be suspended from office because he is presumed not guilty,” said Mr. Kigen.

The lawyer added that the court should also rule on their argument that Mr. Mwangi is entitled to all prosecution evidence in documentary form before he can take plea. Mwangi moved to the High Court to challenge the criminal charges preferred against him at the magistrate’s court. He argues that he has been discriminated upon because parties who played a more central and direct role in the transaction have been spared trial without logical basis. Mwangi and the Charge d’Affairs at Kenya Embassy in Tokyo Allan Mburu were arraigned in court on February 28.

The two did not answer the charges but instead applied for their plea taking to be deferred to March 14 to enable them get documents from state agencies that held inquiries into the Tokyo Embassy sale saga. They are accused of abuse of office, conspiracy to commit fraud and willful failure to comply with procurement rules in the transaction. They are jointly charged with the Kenyan ambassador to Libya Anthony Mwaniki Muchiri who did not turn up in court. The trial magistrate Doreen Mulekyo summoned him to appear in court on Thursday. The High Court case will be mentioned on May 13.