Devani to be extradited over Sh7.6 billion Triton oil scam
What you need to know:
- In addition, the Queen’s Bench Division Administrative Court (UK) directed that Mr Devani pays Kenya the costs of the appeal “in a sum to be fixed by the court without an oral hearing if not agreed within 14 days of this order.”
- Mr Devani had challenged the September 2014 extradition order by District Judge John Zani of Westminster Magistrates Court, London on grounds that he had “fresh evidence”that would prevent him standing trial in Kenya.
The architect of the Sh7.6 billion Triton oil scandal, Yagnesh Devani is finally coming to Kenya to stand trial on various counts of fraud having exhausted all appeal avenues in Britain where he’s been fighting extradition.
In addition, the Queen’s Bench Division Administrative Court (UK) directed that Mr Devani pays Kenya the costs of the appeal “in a sum to be fixed by the court without an oral hearing if not agreed within 14 days of this order.”
The appeals judgement by Lord Justice Aikens and Justice Leggat was delivered on December 11 after a protracted court battle. The extradition proceedings against Mr Devani started in 2012 and the initial ruling was delivered in September 2014.
Mr Devani had challenged the September 2014 extradition order by District Judge John Zani of Westminster Magistrates Court, London on grounds that he had “fresh evidence” that would prevent him standing trial in Kenya.
First, he argued that Kenya which was seeking his extradition was not designated as a country to which the UK’s Extradition Act 2003 applies. The second ground of challenge was that he would not get fair trial in Kenya.
To support his arguments, he relied on two Kenyan lawyers: James Nyiha who exhibited documents of relating to court proceedings in Kenya and an expert witness report by Wilfred Nderitu dated September 11 on matters of Kenyan criminal law and procedure.
He also relied upon his own witness statement dated September 8.
“We reject the challenges made by Mr Devani, one, that there is no prima facie case in respect in respect of the charges for which his extradition is sought; two, that the extradition proceedings are an abuse of the process of the English court; and three, that his extradition would be contrary to his (European Convention on Human Rights) in particular Article 3 and 6 rights,” the judges stated.
The appeal judges said that the “fresh evidence” alleged by Mr Devani “would not, if had been adduced at the extradition hearing, have led to a different result.”
“Accordingly, the appeal must be dismissed,” the judges said.
“We welcome this development and are very much looking forward to completing the formalities with the UK government to extradite Yagnesh Devani so that he can face justice in Kenya in accordance with the Kenyan law,” Attorney General Githu Muigai said.
Ethics and Anti-Corruption Commission (EACC) deputy CEO Michael Mubea yesterday told Sunday Nation that they were aware of the judgement.
“We are happy about the outcome and are studying it for further action,” Mr Mubea said.
