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Tobiko seeks to reverse ruling on extradition case

BUSIA
By | November 25th 2011

By EVELYN KWAMBOKA

The Director of Public Prosecutions Keriako Tobiko has moved to court to have a decision likely to delay the extradition of two prominent personalities revised.

Mr Tobiko told the presiding High Court Criminal Division judge, Justice Msagha Mbogholi that the court should revise the ruling that saw a special prosecutor barred from arguing the case on his behalf.

Special Prosecutor Patrick Kiage was stopped by Senior Principal Magistrate Grace Macharia from appearing in a case in which the State is seeking to extradite Nambale MP Chris Okemo and former Kenya Power Managing Director Samuel Gichuru to the Island of Jersey.

Justice Msagha certified the case as urgent and ordered that the file before the magistrate’s court be forwarded to him, adding that the matter be heard inter partes on Tuesday.

Tobiko said the orders issued by the trial magistrate have far-reaching and adverse ramifications on prosecutions undertaken by the directorate, well beyond the confines of the case.

He said the ruling contains errors and that the magistrate erred in making a decision on an issue pending before the High Court.

Submissions Mr Kiage had made in relation to the case were expunged from the record. The DPP has now to appoint another prosecutor/State counsel. Mr Gichuru and Mr Okemo are wanted to face fraud charges for Sh900 million.

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