The Supreme Court on Friday allowed Director of Public Prosecutions (DPP) Noordin Haji to proceed with the extradition process of graft suspects Samuel Gichuru and Chris Okemo.
The two are wanted in the island of Jersey for prosecution over theft of public funds and money laundering. Their extradition has been delayed for 10 years due to legal challenges.
Attorney-General Kihara Kariuki and the DPP were locked in a legal tussle over who has the mandate for extradition proceedings against the graft suspects.
The AG claimed the DPP has no legal authority to trigger extradition proceedings, since the process entails international relations that fall within the constitutional remit of the executive.
He wanted the Supreme Court to uphold a March 2, 2018 Court of Appeal decision that invalidated the extradition process instituted by the DPP in 2011. It was held that the process was initiated by an unauthorised person.
On the other hand, the DPP wanted the court to approve the proceedings he initiated in July 2011. The DPP contended that since the proceedings are criminal in nature, the AG has no role to play.
Further, under Article 156 of the Constitution, the AG has no powers in relation to criminal proceedings that include extradition proceedings.
Article 157(10) provides that the DPP shall not require the consent of any person or authority for commencement of criminal proceedings, adding that he shall not be under the direction or control of any authority in exercise of his powers or functions.
After several false starts, the Supreme Court said the proceedings before the magistrate court, which had been triggered by the DPP in July 2011, are to continue forthwith on a priority basis.
Okemo served in President Daniel Moi’s government as the Minister for Energy between 1999 and 2001 while Gichuru was the managing director of Kenya Power between November 1984 and February 2003.
