Haji and AG in row over extradition role before Supreme Court

Extradition or the sending of a person back to a country he is suspected to have committed a crime in, is meant to fight misdemeanour.
However, the wheels of justice have ground to a halt on account of ego fights between the Director of Public Prosecutions and the Attorney-General on who should take up the role.
The High Court initially said the DPP has the powers to institute proceedings for the extradition of suspects, but the AG successfully challenged the ruling at the Appellate Court.

PENDULUM
The office of the DPP has now moved to the Supreme Court to get a second interpretation of the law.
Meanwhile, those to be extradited wait in anxiety as the fight over their fate by the two offices swings like a pendulum.
They include former Cabinet minister Chris Okemo, former Kenya Power MD Samuel Gichuru and Mr Walter Barasa, a former journalist.

PROCEEDINGS
The DPP wants the Supreme Court to uphold the High Court decision.
In court papers, DPP Noordin Haji says extradition is part of the criminal justice administration system.
“The Constitution confers on the DPP the responsibility to conduct extradition proceedings on behalf of Kenya,” Mr Haji says.

EXECUTIVE
"Further, there are several extradition cases initiated by the DPP which are at various stages of proceedings, and will be greatly affected by the ruling of the Appeals Court."
Appellate Court Judges Erastus Githinji, Hannah Okwengu and Jamila Mohammed said on March 2 that the Office of the DPP is deprived of extradition matters as they are not part of Kenya’s criminal justice system.
The judges said the DPP, who is not a member of the Executive or a political appointee, should not conduct foreign relations matters.

NEGOTIATE
They said he is a professional who is independent of the Executive.
“Since it is the Executive which is involved in Kenya’s foreign relations and the AG is a member of the Executive, he is assigned the responsibility to extradite,” the court ruled.
While addressing the Law Society of Kenya annual conference at Leisure Lodge Beach Resort in Diani in August, AG Paul Kihara Kariuki expressed optimism that the country would negotiate extradition treaties with other states following the Court of Appeal ruling.

COOPERATE
Following the enactment of the Mutual Legal Assistance Act, the government can now co-operate and exchange information with other countries.
Fight against corruption
That includes providing and receiving technical assistance aimed at confiscating illegally acquired assets.
In July, the government signed the Framework for the Return of Assets from Corruption and Crime in Kenya with the Swiss Federal Council.

PERPETRATORS
It has also been pursuing bilateral and multilateral agreements with other countries for the expatriation of assets acquired from the proceeds of crime and corruption.
The government has already established a framework that has brought together law enforcement agencies in the fight against corruption.
The approach uses the strength of the institutional mandates jointly to trace and freeze assets, investigate corruption and prosecute perpetrators.