Tobiko Okays extradition proceedings against Okemo, Gichuru

Written By:Kennedy Osir/Halligan Agade,    Posted: Wed, Jul 06, 2011

Director of Public Prosecution Keriako Tobiko The Director of Public Prosecution Keriako Tobiko has okayed extradition proceedings against Nambale MP Chris Okemo and former Kenya Power and Lighting Company (KPLC) boss Samuel Gichuru to have them charged in Jersey with fraud and money laundering. In a letter to  the chief  Magistrate at  Milimani law courts the chief Public prosecutor Keriako Tobiko instructed the court to issue warrants of arrest and subsequent extradition of the two stating he had no objection to a request by the UK on behalf of Jersey. In the letter Tobiko stated "I authorize that you proceed and issue a warrant of arrest and detention of the said fugitives in accordance with section 7(1) of the Extradition act, chapter 77 laws of Kenya read together with section 7 of the sixth schedule in the new constitution" However Senior principal magistrate Grace Macharia  ordered  the state counsel to argue their application next week on Monday. This comes just a day after British High commissioner Rob Macaire impressed on Attorney General Amos Wako to expedite the extradition proceedings against Okemo and Gichuru saying they have sufficient evidence to nail the duo. The authorities in Jersey had early last month presented to Wako 13 voluminous reports indicating how Okemo and Gichuru abused their offices by using proxy companies to squander public funds and receive bribes in excess of 900 million shillings. Okemo and Gichuru had last month lost a bid to oppose the extradition proceedings when the court ruled that their case was premature. On Tuesday, Britain urged Kenya to prioritize the extradition of the two to the Island of Jersey to face fraud and money laundering charges. Speaking after a meeting with Attorney General Amos Wako, British High Commissioner Rob Macaire said they have enough evidence to nail the two. Jersey authorities say the pair received up to Sh900 million in bribes from companies interested in contracts in the energy industry. The money was paid into accounts held by a firm known as Windward Trading Ltd. British detectives say Mr Gichuru owns the firm while Mr Okemo, they say, worked with Mr Gichuru on the fraud while he served in the ministries of Energy and Finance. The offence with which they could be charged in Jersey carries a maximum sentence of 14 years in jail. Interpol issued a red notice against Okemo and Gichuru after a warrant by the Bailiff and Chief Justice of the island of Jersey, United Kingdom in April 2011. On Sunday, the Nambale MP said he wants to be spared money laundering charges in Jersey on the grounds that the offence was not a crime in Kenya when it was allegedly committed. Okemo says in the court papers: "Prior to the enactment of the Proceeds of Crime and Anti-Money Laundering Act 2009, it was not an offence in Kenya, hence the charges do not satisfy the dual criminality principle." The MP also wants the court to rule that allegations of misconduct in public office made by the Jersey authorities should not be tried there. The MP faces 15 counts of money laundering and misconduct in public office reportedly committed between February 1, 1998 and June 28, 2002, which he denies.