Lobbies demand audit of leader�s foreign accounts

BY LABAN WANAMBISI

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null 1/1 NAIROBI, Kenya May 29- Civil society organizations now want Kenya Anti Corruption Commission (KACC) to launch an audit of foreign accounts owned by Kenyan public and state officers. National Civil Society Congress (NCSC) Chairman Morris Odhiambo said such accounts are being used to stash money stolen from Kenyan taxpayers. The groups have also called for the immediate extradition of the Nambale MP Chris Okemo and former Kenya Power and Lighting Company Chief Executive Officer Samuel Gichuru who are wanted to face corruption and money laundering charges in British Islands of Jersey. ”Okemo and Gichuru case demonstrates that moneys stolen from Kenya can still be recovered if there is seriousness on the part of the government,” Mr Odhiambo said. “Article 76 of the Constitution prohibits state officers from maintaining bank accounts outside the county. The spirit of the law is clear as it aims to fight corruption. In light of this week’s events we ask KACC to start investigating accounts owned by state officers outside the county. KACC should use its authority to demand disclosure from state officers on this matter,” he said. The commission is enabled by the provisions of the United Nations Convention Against Corruption (UNCAC), and in particular Article 43 that require state parties to cooperate in all matters of joint criminal investigations, mutual legal assistance, transfer of criminal proceedings, transfer of sentenced persons and law enforcement. “The event of the week -where those who should be making quick decision on the matter are passing the buck from one office to the other has convinced us that even if there  was sufficient evidence to try the two locally they would not be tried,” he said. KACC last week said it will fully cooperate with the United Kingdom which has sought the extradition of Mr Okemo and Mr Gichuru. The anti-graft body said it has been sharing information with authorities in the Island of Jersey since investigations against the two commenced and would continue doing so until the matter was concluded. The cooperation was in line with Section 12 (3) of the Anti-Corruption and Economic Crimes Act 2003 (ACECA) which allows the commission to cooperate with any foreign government, regional or international organisation in matters of corruption. The Commission also confirmed receiving a formal request dated May 12, 2011 from the Attorney General of Jersey, Timothy Le Cocq QC, seeking for assistance on the evidence the commission might be having in relation to the two. Kenya was the first country to sign and ratify the Convention in 2003 which is now part of laws of Kenya under Article 2 (6) of the Constitution. On Monday, Attorney General Amos Wako announced that Director of Public Prosecutions Keriako Tobiko was analysing the arrest request to determine if extradition proceedings can commence. Justice and Constitutional Affairs Minister Mutula Kilonzo said Kenya would be seen to uphold and respect the laws as well as international treaties, if it handed the two suspects to the authorities in the Island of Jersey. Mr Okemo and Mr Gichuru are accused of abusing their offices by using proxy companies to squander public funds over 10 years ago, according to documents sent to the Kenyan government by the bailiff and Chief Justice of the Island of Jersey, Channel Islands, UK. They are accused of having received bribes amounting to hundreds of millions of shillings from international companies between 1999 and 2002. The amount received in bribes from the companies is pegged at Sh902 million and was paid through various companies. Mr Okemo served as Energy Minister between 1999 to 2001, before he was moved to the Finance docket where he served between 2001 and 2003. Mr Gichuru served as the Managing Director of KPLC between 1983 and 2003. Follow us at TWITTER@CapitalFM_Kenya and the author https://twitter.com/Lwanambisi

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