From Kenya: Major blow in Gichuru, Okemo extradition case

Extradition proceedings against an MP and a former Kenya Power boss were dealt a major blow after a court ruled that a special State prosecutor was not authorised to lead them.

Mr Justice George Odunga ruled that Mr Patrick Kiage was not duly appointed to prosecute Nambale MP Chris Okemo and former Kenya Power boss Samuel Gichuru, who are wanted in Jersey Islands to face money laundering charges.

The Director of Public Prosecutions will now have to appoint another officer for the proceedings.

Justice Odunga, however, said he would not expunge the submissions made by Mr Kiage and that the proceedings would proceed from where he left off.

“The trial magistrate rightly upheld that Mr Kiage’s appearance in the proceedings was illegal but I am not prepared to sustain the finding that his submissions in response to Mr Okemo’s and Mr Gichuru’s objection to their extradition should be removed from the record,” said Justice Odunga.

He ruled that from the records, the only gazette notice relating to the express appointment of Mr Kiage was on March 2007 for a period of one year, which elapsed in February 2008 and that further renewals as a special State prosecutor without a gazette notice were irregular.

Justice Odunga said the issue was not whether Mr Kiage was qualified or whether he was capable to prosecute but that he was not duly appointed as required by law.

Mr Okemo and Mr Gichuru are wanted in the UK after a warrant was issued by the Chief Justice of the Island of Jersey in April last year who accuses them of money laundering and corruption.    

They are alleged to have benefited from kickbacks during the Moi regime.

Source: Daily Nation (09/08/2012): http://www.nation.co.ke/News/Major+blow+in+Gichuru+Okemo+extradition+case/-/1056/1474740/-/odsxb0/-/index.html