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| Samuel Gichuru and Chris Okemo |
Senior principal magistrate Teresia Murigi Tuesday dismissed an application in which the two were seeking to stop the proceedings on the grounds that they might not get a fair trial in Jersey Island, the UK.
However, the magistrate rejected their argument saying that one of them, Mr Gichuru, had in the past participated in proceedings in a Jersey court.
“It would be late in the day for him (Mr Gichuru) to turn around and state he does not expect fair treatment before (Jersey) courts,” said Ms Murigi.
She also declined to refer the case to the High Court saying the duo’s constitutional rights had not been infringed upon to warrant the matter being heard by a higher court.
The two are wanted in the UK after a warrant of arrest was issued by the Chief Justice of the Island of Jersey in April 2011, who has accused them of money laundering and corruption.
The Jersey Chief Justice issued the arrest warrants over alleged “concealing of transferring the proceeds of crime amounting to Sh900 million” between 1986 and 2002. Mr Okemo was Energy minister from 1999 to 2001 and Finance minister from 2001 to 2003.
Mr Gichuru was the managing director of the Kenya Power and Lighting Company, now Kenya Power, between 1983 and 2003 when it was partially privatised.
Keriako Tobiko, the Director of Public Prosecution, instituted extradition proceedings after the warrants were issued.
Mr Okemo faces 15 counts of money laundering and misconduct in public office, while Mr Gichuru faces 40 counts of money laundering, fraud and misconduct in public office. They have both denied the allegations
The two also argued that their case was overloaded since they would be charged with multiple offences, a matter the magistrate said could be reviewed during the trial.
“The trial has a chance to elect to bring or drop some counts. It is, therefore, pre-mature to make a ruling on whether the counts are overloaded at this juncture,” said Ms Murigi.
The court also rejected arguments that the charges were committed more than 20 years ago for Mr Gichuru and more than 10 years ago for Mr Okemo and were therefore time barred.
She said the issue of the long duration was best suited for the trial court.
Mr Gichuru’s and Mr Okemo’s argument that the case was unlawful because it was instituted by the Director of Public Prosecutions instead of the Attorney-General was also rejected. - Business Daily Africa
