× Business BUSINESS MOTORING SHIPPING & LOGISTICS DR PESA FINANCIAL STANDARD Digital News Videos Health & Science Lifestyle Opinion Education Columnists Moi Cabinets Arts & Culture Fact Check Podcasts E-Paper Lifestyle & Entertainment Nairobian Entertainment Eve Woman Travelog TV Stations KTN Home KTN News BTV KTN Farmers TV Radio Stations Radio Maisha Spice FM Vybez Radio Enterprise VAS E-Learning Digger Classified Jobs Games Crosswords Sudoku The Standard Group Corporate Contact Us Rate Card Vacancies DCX O.M Portal Corporate Email RMS
×

Gichuru and Okemo challenge DPP Tobiko’s powers to order extradition to New Jersey over corruption and money-laundering

NEWS
By Luke Anami | June 22nd 2017
Chris Okemo and Samuel Gichuru at a Nairobi Law Court during the hearing of the Money Laundering and corruption charges

Two former senior Government officials have challenged the Director of Public Prosecutions' (DPP) powers to extradite them to New Jersey in the US to face corruption and money-laundering charges.

Through lawyer Fred Ngatia and Otachi B'womote, former Cabinet minister Chris Okemo and former Kenya Power Company Managing Director Samuel Gichuru argued that DPP Keriako Tobiko was not within the law in instituting extradition proceedings against them. They said the Executive, not the DPP, had powers to order extradition.

The two told Court of Appeal judges Erastus Githinji, Hannah Okwengu and Jamila Mohamed that the surrender of suspects involves international treaties and foreign relations, which the DPP had no mandate over.

"The procedures for international extradition must conform to the laws of the land, in this case the Constitution," said Mr Ngatia. "Extradition involves loss of liberty. It is an executive act and is subject to international treaty and to the Constitution."

He said the definition of the Executive in the Constitution recognised the President, Deputy President and the Cabinet, which included the Attorney General, as the only authorities to issue extradition orders.

"My focus is the definition of the Executive in that sense... the section does not include the DPP. The DPP is not a member of the Cabinet," Ngatia argued.

But Deputy DPP Dorcas Oduor opposed the submissions, arguing that the application in court was premature.

"All over the world and in the Commonwealth, extradition proceedings are two-pronged; there is the criminal part and there is the international," she said.

The matter continues today.

Share this story
Dubai-based Firm Seeks to Tap into Demand for Islamic Finance training in Kenya.
A Dubai-based training and consulting institution is seeking to tap into the growing demand for Islamic finance expertise in Kenya through its distance-learning programmes.
Dog walking becomes the newest hustle in town
Dog walking is now a status symbol. Owning a pet is cool. I nowadays meet lots of Kenyans and foreigners walking their dogs and some running.
.
RECOMMENDED NEWS
Feedback