Jersey court asks Kacc for evidence

Photo/FILE The Kenya Anti-corruption Commission headquarters in Nairobi. KACC spokesman Nicholas Simani on May 24, 2011 said the agency would cooperate with the foreign team.

By SAMWEL KUMBA skumba@ke.nationmedia.com and ALPHONCE SHIUNDU ashiundu@ke.nationmedia.com
Posted  Tuesday, May 24 2011 at 22:30

The anti-graft agency has received a formal request from Jersey to share with it evidence on two Kenyans accused of money laundering.

The Kenya Anti-Corruption Commission’s spokesman Nicholas Simani, said the extradition request dated May 12 was from Jersey Attorney General Timothy Le Cocq.

Mr Simani said KACC would cooperate with the foreign team.

Mr Chris Okemo and Mr Samuel Gichuru face 53 charges at the Jersey court and chief public prosecutor Keriako Tobiko is expected to initiate extradition proceedings at a magistrate’s court soon. (READ: Kenya to give up Okemo, Gichuru)

Parliament’s Public Investment Committee had in 2004 questioned the energy deals, the source of the woes facing Mr Okemo, the MP for Nambale, and former Kenya Power boss Gichuru.

Mr Justin Muturi, the then committee chairman, on Tuesday said that issues on the deal were raised by the Controller and Auditor General.

Among the independent power providers contracted by Kenya Power and Lighting then included Iber Africa Power (E A) Limited, Westmont (Kenya) Limited and Or Power 4 Incorporated.

According to information submitted to the parliamentary committee, the shareholders of Iber Africa were First Independent Power Kenya Consultants, with 80 per cent ownership, while the power firm’s pension scheme owned the remaining 20 per cent.

“First Independent is in turn owned by a Spanish Company, Union Finosa”, the report said. “Westmont is owned by two Malaysian companies; Westmont Land Asia and Tecno Asia Holdings Berhad.”

The alarm bells went off after the committee failed to identify the directors and owners of Or Power 4 Inc, a company registered in the Cayman Islands.

On Monday, Attorney-General Amos Wako submitted arrest warrants against Mr Okemo and Mr Gichuru to the Chief Public Prosecutor to seek a court order for their extradition.

Mr Tobiko will have to prove that the crimes allegedly committed in Jersey are also crimes in Kenya.

Mr Okemo and Mr Gichuru face a jail term of 14 years on charges of money laundering on Jersey Island.

A warrant of arrest against them issued by a Jersey court described the former minister as an “accomplice” and the former power company boss as a “fugitive”.

UK authorities claim Mr Gichuru used a firm called Windward Trading Limited in Jersey, where the money was channelled to his personal accounts.

The amounts being investigated include £1.3 million (Sh181 million) allegedly sent to Mr Gichuru’s personal accounts, as well as £5.5 million (Sh766.7 million), $5.4 million (Sh465 million) and 1 million Danish kroner (Sh16 million) allegedly sent to Windward.

Mr Gichuru served as the managing director of the Kenya Power and Lighting Company between 1983 and 2003. Mr Okemo served as the Energy minister from 1999 to 2001 and then moved to Finance between 2001 and 2003.

Mr Gichuru is also accused of having used a Gibraltar company named Arus Management Services to get payments from Windward.

Most of the payments to Mr Okemo by Windward were allegedly made via the company’s bank account in Gibraltar, even though Mr Okemo and Windward banked in Jersey.

This, the court says “is a classic money laundering technique.”