Okemo, Gichuru now surrender passports in court over extradition

By Evelyn Kwamboka

Nambale MP Chris Okemo and former Kenya Power and Lighting Company boss Samuel Gichuru have forestalled the prosecution’s move to have them arrested.

The two who are wanted in Jersey Island, UK, to answer money laundering and corruption charges, appeared in court Monday with their advocates, moments before the application on warrants of arrest was made.

They are accused of a Sh900 million fraud and receiving bribes from international companies between 1999 and 2002.

Nambale MP Chris Okemo (left) and former Kenya Power and Lighting Company boss Samuel Gichuru at a Milimani Law Court, Nairobi where they voluntarily presented themselves after the Director of Public Prosecutions issued warrants for their arrest. [PHOTO: EVANS HABIL/STANDARD]

Senior Principal Magistrate Grace Macharia released the accused on Sh1 million cash bail each and ordered them to deposit their passports in court before Tuesday evening.

"The prosecution and defence have agreed by consent to forego the merits on the application for warrants of arrest. Each accused person is released on Sh1 million cash bail," she ruled.

They are expected in court on August 4, to argue their application opposing extradition.

Mr Okemo and Mr Gichuru were escorted to the court’s basement cells as their relatives and advocates organised to pay the bail before 5pm. Suspects unable to raise bail are normally taken to Industrial Area Remand Prison. Mr Ngatia said he wrote to Attorney General Amos Wako on July 7, to have his clients released on personal bond.

"Ever since this matter started, the two have been here. They were at the High Court recently and have been faithful in attending court at all times," he said.

Documents

He complained that the court authorities in Jersey Island released documents touching on the 13 bundles to the media, yet his clients have not received any.

State Counsel James Warui told the court that Director of Public Prosecutions, Keriako Tobiko, was of the opinion that evidence against the suspects is sufficient.

The court was told this formed the basis for the DPP to issue authority for the court to proceed with the extradition process.

Warui pointed out that although Chapter 77 on Extradition Act (Commonwealth countries) refers to the AG, the new Constitution gives the DPP powers to handle such matters. "All powers the AG had were conferred to the DPP and that is why he signed the authority filed in court on Friday," he said.

Mr Warui told the court that the DPP confirmed the offences against Okemo and Gichuru are extraditable, and they fall under Cap 77 of the Act. "Now that they are here, the application on warrants has been overtaken by events.

We request the court to proceed with Section 9 of Chapter 77. He said there are 13 bundles of documents in the case and the DPP’s office has not received two of them, to date. "We expect to receive the two bundles from Jersey Island within the next seven days," he said. Section 9 is on proceedings for committal.

It is here that the suspects argued and were released on bail and were allowed to deposit their passports in court. The case now moves to another stage where the suspects will battle the application to have them extradited. In a preliminary objection application, the two sought an order to stop extradition and a declaration that no fair trial can take place in Jersey Island.

They want the High Court to declare the Extradition Act (Commonwealth Countries) null and void. "In the absence of written authority under the hand of the AG as statutorily required, these proceedings are invalid in law," Ngatia claimed.

Documents mailed through the UK diplomatic bag, contained details on how the two suspects allegedly used fake identities to obtain money as kickbacks in a KPLC tender.