Court stops Chris Okemo’s extradition case for now

Chris Okemo

Former Finance Minister Chris Okemo yesterday got a temporary reprieve after the Court of Appeal halted an extradition case he is facing until his appeal is determined.

The extradition case was scheduled to commence mid next month before a magistrate's court. It will not be heard until his case, challenging the High Court's decision that rubber-stamped a Government decision to fly him to Jersey Island for prosecution, is settled.

Okemo's (pictured) lawyer Fred Ngatia told appellate court judges Alnasir Visram, Kantai ole Sankale and G B M Kariuki that the lower court might proceed on February 12 with a summary hearing and have him sent to Jersey before the conclusion of the case in the High Court.

"No hearing of the case before the magistrate's court should proceed pending the hearing and determination of this case," the three judges ruled yesterday.

However, former Kenya Power boss James Gichuru might not enjoy the shield by the appellate court thus splitting the two cases apart as he did not seek similar orders upon adjournment yesterday.

The case was adjourned after Director of Public Prosecution asked for time to respond to the claims by the former minister. The duo faces money laundering charges.

In the appeal, Mr Okemo argues that the High Court, which dismissed his claim allowing the extradition process to proceed, erred by failing to rule that it was the one to determine if the delay was unjust to him.

Justice Isaac Lenaola last year ruled that Okemo and Mr Gichuru's cases were properly before the magistrate's court and the duo could have their grievances heard and determined by the same court.

"This court finds the proceedings before the magistrate's court are not a nullity," Justice Lenaola said in his judgement.