Tobiko role in extradition bid faulted

Former Kenya Power boss Samuel Gichuru and Nambale MP Chris Okemo on Thursday asked a court to block their extradition, saying the Director of Public Prosecution had no power to authorise the move.

Through lawyer Fred Ngatia, the two, who are wanted in Jersey for laundering about Sh900 million, argued that only the Attorney-General had the power to sanction their extradition.

Mr Ngatia said that the extradition proceedings against the two should come to an end in the absence of the authority of the AG.

“I request the court to hold that in the absence of a written authority by the Attorney-General, the proceedings before you are fatally defective,” said Mr Ngatia.

He said that the authority issued by DPP Keriako Tobiko to the court for the extradition proceedings to commence, was amenable to being thrown out and the freedom of the two subjects restored.

Mr Ngatia told trial magistrate Grace Macharia during the first day of the hearing attended by Jersey Island Solicitor-General Howard Sharp, that the power to sanction extradition of Kenyan citizens exclusively lay with the AG.

Preliminary objection

Mr Ngatia was making a preliminary objection which Mr Okemo and Mr Gichuru have raised to the extradition proceedings filed by Mr Tobiko on July 11.

The DPP said that he had no objection to the request for surrender of Mr Okemo and Mr Gichuru.

But Mr Ngatia insisted that the decision to extradite could only be made by the AG, who is equal to a Cabinet minister .

The lawyer said Mr Okemo and Mr Gichuru had raised objections to the matter because it was not a genuine extradition.

The proceedings were a simulation for purposes of confiscating the money alleged to have been laundered by Mr Gichuru and Mr Okemo, the lawyer submitted.

He questioned why it had taken the accusers of Mr Okemo and Mr Gichuru 21 years to see the light and make the accusations against them.

The two personalities, he added, were ready to face their accusers in the Kenyan court and prove that the allegations were not true.

Mr Ngatia asked the court to give the two an opportunity to demonstrate that the evidence by the Jersey authorities was not true should the accusers be allowed to come and testify against Mr Gichuru and Mr Okemo in Kenya.

At the same time, the UK yesterday defended its efforts to have the two extradited to Jersey Island to face corruption charges.

British High Commissioner Rob Macaire said that Mr Sharp was in the country to assist Kenyan authorities to extradite Mr Gichuru and Mr Okemo.

The envoy criticised seven MPs who had earlier protested against the presence of Mr Sharp to lobby for Mr Okemo and Mr Gichuru’s extradition.

The MPs who included Mr Walter Nyambati, Mr Ababu Namwamba, Mr Charles Kilonzo, Mr Mohammed Affey, Mr Justus Kizito and Mr Moriasi Ombui had asserted that Kenya was capable of trying Mr Okemo and Mr Gichuru over the corruption claims levelled against them by Jersey Island authorities.