Julie Gichuru’s father-in-law Samuel Gichuru and compatriot Chris Okemo will soon be extradited to Jersey Island where they are to face theft and money laundering charges.
In a ruling delivered on Friday, November 5, Supreme Court led by Chief Justice Martha Karambu Koome and Justices Mohammed Ibrahim, Smokin Wanjala, Njoki Ndungu, and William Ouko ordered the government to extradite the two, in what brings to a closure a case that has taken more than 10 years to be determined.
The Supreme court overturned the Court of Appeal ruling where Justices Erastus Mwaniki, Hannah Okwengu and Mohammed JJ quashed the extradition of the two.
“Proceedings before the Magistrates Court which had been triggered by the Authority to Proceed issued on July 6, 2011, by the Director of Public Prosecutions are to continue forthwith on a priority basis either in the same court or a court of competent jurisdiction,” they added.
The court also clarified whether extradition proceedings in Kenya are criminal, civil, or of its own kind in nature. Another question that was answered was who between the Attorney General and the Director of Public Prosecutions (DPP) has the legal authority to commence extradition proceedings in court.
The Supreme court judges stated that Article 157 of the Constitution, the relevant extradition treaties, and other applicable laws clearly stipulate that extradition proceedings are criminal in nature in Kenya.
They also directed that the Attorney General will retain the executive authority to receive requests for extradition but the authority to proceed with the same is vested to the Director of Public Prosecutions. The two thus have to collaborate to ensure the process is a success.
“Extradition proceedings are quasi-criminal in nature, having elements of both criminal and administrative law. On the one hand, they commence as foreign policy issues including the execution of international treaties and bilateral agreements between governments.
“On the other hand, they conclude as criminal processes. Therefore, they give equal but complementary roles to both the Attorney General and the Director of Public Prosecutions, with each office required to play its part. This dual responsibility ought to be properly reflected in national legislation as the current legal provisions are vague and rather untidy,” Justice Njoki Ndungu read the majority’s decision.
All the Judges agreed that it was imperative to solve the case which hang in the courts for 10 years.
Okemo and Gichuru face up to 14 years in jail each if extradited to Jersey and found guilty of the charges preferred upon them.
Okemo served as Energy Minister in Mzee Daniel Arap Moi’s government. He was also the Member of Parliament for Nambale Constituency. Gichuru served as Kenya Power director between November 1984 to February 2013.
The two were accused of receiving cash bribes worth Ksh1 billion that was wired to Jersey accounts.
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