PROCEEDINGS to extradite former Kenya Power and Lighting boss Samuel Gichuru and Nambale MP Chris Okemo to the UK to face money laundering charges are likely to start in mid-July.
Sources at the Attorney General’s office corroborated by others in the judiciary said the delay in reacting to the British request was due to the numerous documents submitted by the Island of Jersey for scrutiny by the AG.
Six state counsels at the office of the Director of Public Prosecutions are busy analysing the documents supporting the UK's request for the extradition of Gichuru and Okemo. The documents with the evidence against the two comprise 13 volumes and over 4000 pages, according to the sources who wished to remain nameless.
The sources indicated that they will need three weeks to go through the documents and after they have done so, they are likely to initiate the extradition process.
Arrest warrants against Gichuru and Okemo were issued in April 20 in Jersey. They face multiple charges of defrauding KPLC and then laundering the proceeds in the UK. Interpol sent the arrest warrants to Kenya in May for “concealing of transferring the proceeds of crime.”
AG Amos Wako then sought more details from the Island of Jersey authorities before starting the extradition process. He received the documents on June 10 and handed them over to the DPP Keriako Tobiko.
Between them Gichuru and Okemo are facing 53 charges over commissions paid by international and local companies for KPLC business, mostly between 1999 and 2002, totaling 4,459,572 Sterling pounds, 786,853 Danish kronor and 3,207,360 US dollars (Sh902 million in total).
The two have gone to the High Court to try and block the AG and DPP from arresting and extraditing them to the UK. High Court Judge Nicholas Ombija said that the court could not prohibit the extradition of the two men since the AG had not yet instituted any extradition proceedings at the magistrate's court. The duo are still pursuing the case which came up for mention yesterday before Justice Ombija.
Their lawyer Fred Ngatia demanded that Kenya Anti Corruption Commission, that wants to be enjoined in the case, first file an affidavit to show in what capacity it will participate. KACC complained Ngatia had not yet served it with the case documents. Ombija was also informed that Wako and Tobiko who are respondents in the case are yet to file their responses to the case.
The state attorney Edwin Okello said he required 21 days to respond to the case. The parties agreed that the case should be mentioned on July 18.
Gichuru and Okemo insist the alleged offences took place in Kenya and they should be tried here. "It would be an abdication of its state responsibility for Kenya to surrender its citizens to a foreign country for trial of alleged municipal law offences,” they argue. However the UK is likely to argue that the crime of money laundering was committed in Jersey.
Okemo and Gichuru also claim their rights have been violated because neither the Island of Jersey nor Wako or Tobiko have served them with the arrest warrants or extradition request. The duo claim they only learnt of the existence of arrest warrants against them through the media.
They also claim there has been inordinate delay because the matters on the charge sheet relate to events between 1998 and 2002. Okemo argues that prior to the enactment of the Proceeds of Crime and Anti Money Laundering Act 2009, money laundering was not an offence in Kenya. And the two contend that money laundering charges do not satisfy the dual criminality principle as set out in the charge sheet. They want the court to stop the AG and the DPP from instituting any extradition proceedings pending the determination of their case.
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