Former Cabinet minister Chris Okemo and ex-Kenya Power boss Samuel Gichuru face up to 14 years in jail in the United Kingdom for bribery, theft and money laundering charges, if extradited.
This is after the Supreme Court allowed the Director of Public Prosecutions (DPP) to proceed with extradition proceedings that had stalled at a magistrate’s court a decade ago.
The judges have directed that the process resumes forthwith and on priority basis. The duo is wanted by the Royal Court of Jersey for allegedly accepting bribes from foreign businesses that contracted with Kenya Power.
They are accused of “concealing the transfer of proceeds of crime”, an offence that attracts a maximum of 14 years in jail or to a fine, or both.
Mr Okemo and Mr Gichuru allegedly hid about Sh1 billion in secret accounts in Jersey by causing the foreign contractors to make payments into the bank accounts of a company called Windward Trading Limited.
UK authorities claimed Mr Gichuru used Windward in Jersey, where the money was channelled to his personal accounts.
The amounts being investigated include $1.3 million to Mr Gichuru’s personal accounts as well as $5.5 million, $ 5.4 million and 1 million Danish Kroner to Windward.
The money paid to the bank account of the company was distributed according to the instructions given by Mr Gichuru’s agents, including to personal accounts of Mr Okemo.
“A person who acquires criminal property, uses criminal property or has possession or control of criminal property, is guilty of an offence,” states Section 30 (1) of Jersey Law.
Section 2 states: “Having possession or control of property includes doing an act in relation to the property and it does not matter whether the acquisition, use, possession or control is for the person’s own benefit or for the benefit of another.”
Section 3 offers: “A person who enters into or becomes concerned in an arrangement and knows or suspects that the arrangement facilitates, by any means, the acquisition, use, possession or control of criminal property by or on behalf of another person, is guilty of an offence.”
Section 4 provides that, “a person who is guilty of an offence under this Article shall be liable to imprisonment for a term not exceeding 14 years or to a fine, or both”.
“A person who conceals criminal property; disguises criminal property; converts or transfers criminal property; or removes criminal property from Jersey is guilty of an offence,” states Section 31(1).
A former Nambale MP, Mr Okemo is charged with 13 counts relating to the transactions in the bank accounts in the Royal Court of Jersey committed between July 1, 1999 and 2001.
Mr Gichuru is charged with 40 counts for offences allegedly committed under Jersey law between 1991 and June 28, 2002. Warrants for their arrest were issued in April, 2010 while request of their extradition was received on June 6, 2011 by the Attorney-General.
The institution of extradition proceedings received substantial media coverage and both Okemo and Gichuru voluntarily presented themselves to the chief magistrate.
The extradition documents included the indictments filed before the Royal Court of Jersey and the summary of the evidence.
They alleged that Mr Okemo was the Energy Minister between 1999 and 2001 while Mr Gichuru was Managing Director of Kenya Power & Lighting Company (KPLC) between November 1984 and February 2003.
The duo argued that the legal system of Jersey does not guarantee a fair trial and that Kenya was the proper forum for the case.
They also argued that it would be unconstitutional to extradite them because the dual criminality principle had not been satisfied, adding that there was prejudicial delay.
The extradition process stalled due to legal challenges and a fight between the DPP and the AG on which office should institute the action. It’s set to resume after the apex court ruled that the mandate falls under the DPP.
The bench comprised Chief Justice Martha Koome and Justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndung’u and William Ouko.
“The AG, however, retains the executive authority to receive requests for extradition (from the foreign countries) and to transmit the same to the DPP for necessary action,” the judges said.
