Call to extradite Okemo and Gichuru

Kenya must honour its obligation under the international law by handing over Nambale MP Chris Okemo and former Kenya Power boss Samuel Gichuru to Jersey for trial, a prosecutor told a court on Thursday.

Public prosecutor Patrick Kiage argued that the extradition proceedings instituted by the Director of Public Prosecutions against the two were proper under the new Constitution.

The Constitution, Mr Kiage argued, recognised extradition law.

Mr Okemo and Mr Gichuru are wanted in the Island of Jersey for allegedly laundering Sh900 million. (Read: Jersey after my cash, says Gichuru)

They also face fraud and abuse of office charges.

Case to higher court

The State has instituted extradition proceedings against them but they want trial magistrate Grace Macharia to refer the case to the High Court for constitutional interpretation.

“The whole idea of extradition is to give no room of refuge for those who are accused of committing crimes,’’ said Mr Kiage.

He said that there were no laws that made the country a haven for people accused of wrong doing outside the country.

“Crime now is without borders,” Mr Kiage argued and urged the court to bear in mind that the matter involved a colossal amount of money, which belonged to Kenyans.

He cited remarks by defence lawyer Fred Ngatia, who argued that the amount was substantial to the extent that it could afford each citizen of Jersey a Range Rover Sport.

On the issue of referring the case to the High Court for interpretation, Mr Kiage said the application amounted to abuse of court process because the two had previously filed a similar case which was still pending.

Earlier, Mr Ngatia told the court that Mr Okemo and Mr Gichuru were willing to face trial in the country.

Tender kickbacks

He said should the court find that funds were misappropriated, it should be refunded to the government and not shared with Jersey.

Jersey has accused Mr Gichuru of having received Sh900 million in kickbacks through his company, Windward Trading, to award tenders at KPLC between 1999 and 2002.

The two allegedly collaborated to illegally conceal the funds in the Channel Islands.

Arrest warrants were issued against the two by Jersey authorities and later transmitted to Kenya, requesting their extradition.

Director of Public Prosecutions Keriako Tobiko subsequently commenced extradition proceedings before the magistrate’s court against the two on July 6.

The Jersey authorities have filed 53 charges against Mr Gichuru and Mr Okemo.

The hearing continues.