Tuesday, August 30, 2011

Jersey trial likely to be biased, says Gichuru



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Nambale MP Chris Okemo (left) and former Kenya Power and Lighting boss Samuel Gichuru are wanted in Jersey where the authorities accuse them of money laundering and corruption. Photos/FILE
Nambale MP Chris Okemo (left) and former Kenya Power and Lighting boss Samuel Gichuru are wanted in Jersey where the authorities accuse them of money laundering and corruption. Photos/FILE 
By  Pamella Jepkemei pjepkemei@ke.nationedia.com
Posted  Monday, August 29  2011 at  22:00
IN SUMMARY
  • Former Kenya Power boss says island’s AG Le Cocq represented manager of his firm while in private practice
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Former Kenya Power managing director Samuel Gichuru says he will not get a fair trial in Jersey Island, UK.
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Mr Gichuru, who is facing extradition charges over money laundering, said the island’s attorney-general, Mr Tim Le Cocq, represented the administrator of his firm, Windward Trading Ltd, while in private practice.
He cited conflict of interest, saying Mr Le Cocq acted previously for Walbrook Trustees (Jersey) Ltd and was now seeking his extradition.
“Mr Le Cocq’s participation in the prosecution raises conflict of interest that would render any criminal trial in Jersey a persecution and incapable of meeting the standards set by the Constitution of Kenya, and the European Convention on Human Rights,” says Mr Gichuru.
He and Nambale MP Chris Okemo have been indicted for laundering about Sh900 million.
The State has not filed its response to the petition.
Mr Gichuru said he sued Walbrook Trustees (Jersey), the administrator of Windward, in 2007 for failing to disburse the money in Windward’s bank account. Mr Le Cocq acted for Walbrook Ltd in the dispute.
Walbrook had been the administrator of Windward between 1986 and 2002.
Trouble started in 2002 when the Island of Jersey froze Windward Trading Company accounts following payments of huge sums of money to two Kenyan politicians.
One payment was made to a serving Cabinet minister from the Rift Valley, and the other to a former Finance minister.
The State of Jersey alleges that Gichuru received kickbacks from investors doing business with Kenya Power through Windward. The Windward account was opened by an international auditing firm working for Kenya Power.
A Jersey court issued warrants of arrest for Mr Gichuru and Mr Okemo on April 20, and were transmitted to Kenyan authorities through Interpol in May.
The Director of Public Prosecutions, Mr Keriako Tobiko, started extradition proceedings on July 6, 2011.
Jersey authorities have filed 53 charges against the pair. They are accused of receiving kickbacks to award tenders at Kenya Power between 1999 and 2002.
They allegedly also collaborated to illegally conceal the funds in the Channel Islands.
The hearing continues.

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