DPP to seek arrest warrants for Gichuru, Okemo

Public Service head Francis Muthaura is among witnesses lined up by Jersey authorities in the prosecution of Nambale MP Chris Okemo and former parastatal boss Samuel Gichuru.

A police detective in the island told the presiding magistrate there that they hoped to receive Mr Muthaura’s sworn evidence “live in Kenya”.

This emerged as Director of Public Prosecutions Keriako Tobiko to court to start proceedings that could lead to the extradition of Mr Okemo and Mr Gichuru to the Island of Jersey to face money laundering charges.

Others listed as witnesses by the authorities in Jersey Island, which is off the shores of the United Kingdom, are Kenya Power company secretary Laurencia Njagi and a forensic investigator at Kenya Anti-Corruption Commission, Mr Bosire Masita.

“As these witnesses live in Kenya, it’s not practical to arrange for them to swear depositions in Jersey and it’s hoped that their evidence can be given live in Kenya,” according to a document by a Jersey court.

“Alternatively that deposition on oath can be taken from them in Kenya,” it adds. It’s signed by Lee Turner, a Jersey police detective who helped in the investigations.

In Nairobi, Mr Tobiko filed the application before principal magistrate Grace Macharia yesterday seeking a warrant of arrest for the two, and stated that the government has no objection to the request for surrender of Mr Okemo and Mr Gichuru by a Jersey court.

Arrest and detention

Mr Tobiko, through state counsel Edwin Okello, Victor Mulei and Mungai Warui submitted that the court should issue a warrant for the arrest and detention of Mr Okemo and Mr Gichuru in accordance with the Commonwealth Extradition Act.

Mr Tobiko attached a letter from the Jersey Island Attorney General Timothy Le Cocq requesting the extradition.

Mr Le Cocq said in the letter that the full extradition request was with the foreign and Commonwealth office in London and was to be flown to Nairobi in a diplomatic bag.

Principle Magistrate Grace Macharia directed that the matter be heard ex-parte on Monday next week when Mr Tobiko will have to prove that the crimes the two are alleged to have committed in Jersey are also crimes in Kenya.

Interpol issued a red notice against the two after a warrant by the Bailiff and Chief Justice of the island of Jersey in April 2011, which accuses them of money laundering and corruption.

Mr Okemo, who has been the minister for Energy and Finance, and Mr Gichuru are alleged to have received kickbacks from companies active in the energy sector during the Moi regime.

The MP faces 15 counts of money laundering and misconduct in public office and could be jailed for up to 14 years if found guilty.

He has denied committing the offences between February 1, 1998 and June, 28 2002.

The former minister has asked the High Court to be spare him the money laundering charges in Jersey on the grounds that the offence was not a crime in Kenya but judge Nicholas Ombija declined, saying it would be “speculative”.

In his affidavit, Mr Gichuru said he was “a lawyer by profession, acting as a middleman putting A together with B,” when he was required to identify himself during one of the transactions being probed.

And Mr Okemo presented himself as a “self employed economist,” according to the detective.