Okemo, Gichuru claim trial in Jersey would be illegal

 By Judy Ogutu

Nambale MP Chris Okemo and former Kenya Power and Lighting Company Chief Executive Samuel Gichuru argue that it will be unconstitutional to surrender them to Jersey Island to face trial.
They told a magistrate’s court sitting in Nairobi that it would also be unjust to surrender them due to the lapse of time as they would not get fair trial without unreasonable delay.

Their advocate, Fred Ngatia, told Nairobi Principal Magistrate Grace Macharia that substantial amount of money had been informally frozen by the Jersey Island officials, which would be ‘revenue to the Executive if confiscated.’

“One cannot have fair trial when you are dealing with a person who is thinking of generating revenue. This is an extradition whose sole basis is to confiscate funds informally frozen in Island of Jersey for so many years,” Ngatia submitted.
He argued that this was because the warrants of arrest for the two were signed by a bailiff who is the Chief Justice of Jersey Island, President of their Legislative Assembly and the senior most member of the executive in the office of the bailiff.
The court heard that Mr Gichuru’s extradition came as a last resort after he had filed a series of court cases when Jersey Island maintained an informal freeze on his account.
The magistrate was told that Mr Okemo, had no cent in Jersey and he had closed his account in the 2000.

On Tuesday, the court heard that there is an account in Jersey Island known as Winward Trading Company that Gichuru allegedly has beneficial interest in.
That account was informally frozen in 2002 to date. But the Judge in Jersey Island ruled that if the funds are released, they will not be able to confiscate them.
Okemo and Gichuru also urged the court to refer the matter to the High Court for constitutional interpretation over claims of alleged violation of their fundamental rights.
They took issue with the decision by the Director of Public Prosecutions to refer to them as fugitives, saying all persons are equal before the law.

Ngatia submitted that if the case proceeds to trial, some five individuals should be summoned to testify as they were ‘accomplices walking freely in the streets of London’.
Ngatia urged the court to discharge them. Hearing resumes on Thursday.