The ghosts of the controversial Tokyo embassy land purchase returned to haunt ambassadorial nominee Anthony Mwaniki Muchiri as he appeared before Parliament’s Defence and Foreign Affairs Committee on Wednesday.

Muchiri, nominated to serve as Kenya’s Ambassador to Ankara, Turkey, faced tough questions from MPs led by Belgut MP Nelson Koech, who demanded answers on his role in the scandal that saw the country lose at least Sh200 million.

Gilgil MP, Martha Wangari, led the committee in questioning Muchiri’s integrity status in the course of public service in line with Chapter Six of the Constitution and also having served in ambassadorial roles in the past.

Wangari asked the nominee to explain his role in the Tokyo embassy land purchase and also why the country should trust him in taking this new responsibility, should he be approved by Parliament.

“I will start with the issue on integrity… the Tokyo embassy land purchase scandal raised serious integrity concerns. A 2010 parliamentary report authored by this committee recommended that action be taken against you and others who are considered key architects, even though you were later acquitted for lack of sufficient evidence rather than a declaration of innocence. How would you respond to the lingering questions about your ethical responsibility in that scandal?” Wangari posed.

But Mwaniki, who is the current chairperson of the Public Service Commission of Kenya (PSC), told the committee that the courts found no culpability against him and was acquitted of any wrong doing.

He told the committee that the Tokyo issue was and still is a painful chapter in his career in the public service.

Mwaniki also explained that the issue happened within broad decisions made by the government to procure assets within missions abroad, after which he went to Tokyo and wrote a report that recommended the purchase of a chancery residence in Tokyo.

“The purchase went through all the procurement procedures, but this did raise concerns, and I was taken to court and later acquitted, because there was no evidence of my wrongdoing, not sufficient evidence. It was a ‘no case to answer’ but it still is a concern, and this committee is rightful to raise such a question. But I would urge this committee also to look at my track record and the trajectory of my service, from when I joined the service in 1984 up to where I’m sitting now,” he told the committee.

He said that after that acquittal, the government gave him the responsibility to go and establish an embassy in Cuba.

Not convinced by this response, Koech said: “We have asked you a very simple question. What were you accused of doing with the Tokyo scandal? And what was your role in the allegations that were made against you, so that we can make progress on that? We have seen that you have had a stellar career in diplomacy.”
Central Imenti MP, Moses Kirima, also added: “Can you tell us the reasons why you were charged, and who was in charge at that time when that money was lost, or when that scandal arose?”

Mwaniki said the Ministry’s tender committee approved the purchase of the Tokyo embassy as a chancellery and a residence, but it was found that procurement was not done within the procurement as a disposal.

“The principal secretary, the head of the chancellery in Tokyo and I were investigated, and the prosecution decided to charge us on that acquisition… Personally, I was not accused of any misappropriation, but the three of us were later acquitted,” he said.

Koech, however, said the decision on the  Tokyo issue will be within the ‘wisdom of this committee’.

Mwaniki also urged the committee to look into issues of resources for all missions to assist in marketing the country abroad.

“It would be challenging to sit there in Ankara and not go to Istanbul, which is a commercial hub, because I have no resources. It is important for this committee, that when they are looking at resources for the State Department for Foreign Affairs, to look into those issues because the commercial hub is Istanbul, and I cannot move about with Sh400,000 a year and need to get markets for this country,” he said.

Former Labour Cabinet Secretary, Florence Bore, was also vetted for the position of High Commissioner, Windhoek in Namibia, during which she responded to questions on the controversial sale of a house in Karen.

She told the panel that it was a personal issue where Gatanga MP Edward Muriu was selling his house at Sh120 million, and they agreed on the terms, but he changed his mind later.

“We talked, I got my lawyer, and he got his lawyer. His lawyer gave us the sale agreement and gave it to my lawyer. I looked at the sale agreement, I was happy with it and made the down payment for the house. However, I think Muriu changed his mind and cancelled the deal so I only requested him to pay back the down payment and agreed to his wish, and that was the end of the story. The only challenge and do not understand today, he went to the media to make that allegation that I had refused with his house. I do not have his money, and I gave him the house; it was a case of willing buyer, willing seller and above board,” she said.

She also said that the ambassadorial role is not a demotion but a re-assignment.

“This is not a demotion, it’s a re-assignment. I have been a public service for over 33 years. I am happy to work because I have not yet retired and want to serve my country and help in leadership. I cannot decline the President’s appointment. I am more than willing to work; this is work I have never done and will serve until God says otherwise… Otherwise, I am available, and I am not going there with a selfish heart,” she said.

She said that the fact that she was in the United Democratic Alliance (UDA), it does not affect her diplomatic work and will serve all people.

Another nominee, Lucy Kiruthu, a nominee of Bangkok, Thailand, was required to explain the situation of having more career diplomats to head missions and strategies she would propose.

“On the issue of appointing politicians as ambassadors, the current Foreign Service Act 2021 establishes for fair balance in appointments. In the Act, we did not see career diplomats benefiting from appointments; at times, it was reversed, 70 per cent politicians and 30 per cent of diplomats, and it was a major concern for us when we reviewed the policy. We thought it is important that foreign service is professionalised and we were hoping this would be implemented, but the appointments are directly under the purview of the President….ours was an advisory just to guide and if he chooses to do otherwise, we can’t do anything about it,” she said.

Others vetted yesterday were Henry Wambuma for Bujumbura, Burundi and Abdirashid Salat Abdille for Jakarta, Indonesia.

Four others, Joseph Musyoka Masila for Riyadh, Saudi Arabia, Amb Edwin Afande for Vienna, Austria, as well as Jayne Jepkorir Toroitich and Judy Kiaria Nkumuri as Consul-General for Dubai, United Arab Emirates and Goma, Democratic Republic of Congo (DRC), respectively.