Posted  Monday, June 6 2011 at 00:00

http://www.businessdailyafrica.com/-/539546/1175444/-/nfadwa/-/

A Nairobi judge will Monday give directions on a petition by Public Accounts Committee chairman Chris Okemo and former Kenya Power and Lighting Company managing director Samuel Gichuru seeking to block their extradition to the UK to face criminal charges.

The petition filed on Friday last week wants to find that the Island of Jersey or any other foreign country does not have legitimate public interest to undertake the prosecution of the purported criminal charges in accordance with the law.

Further, Mr Okemo and Mr Gichuru are also seeking orders to block the Attorney General, Director of Public Prosecutions (DPP) and the Chief Magistrate’s court from hearing the extradition proceedings.

They want the AG and DPP prohibited from arresting them in relation to the alleged criminal charges of money laundering, fraud and abuse of office.

When the file was placed before Mr Justice Nicholas Ombija last Friday, the judge directed that the case be heard today.

On April 8 and 20, 2010, the Chief Justice of the Island of Jersey issued warrants for arrest of Mr Okemo and Mr Gichuru and requested the Kenyan Government to extradite them to UK to face criminal trial.

The two claim the alleged offences were committed in Kenya and a foreign country has no jurisdiction to institute criminal proceedings of any nature.

“There is no plausible reason why any criminal trial should be held in the Island of Jersey. Its declared intent to hold the trial in its territory is motivated by improper purposes,” says the petitioners’ lawyer Mr Fred Ngatia.

The two argue that the funds alleged to have been lost belonged to Kenya and not the Island of Jersey, adding that the public interest “in a fair and just outcome to the dispute lies in Kenya.”

Mr Okemo and Mr Gichuru face a jail term of 14 years each if found guilty on the alleged money laundering and corruption.

They are accused of benefitting from illicit funds by awarding tenders for various energy projects undertaken at the height of President Moi’s reign.

Mr Okemo was then Energy Minister while Mr Gichuru served as the KPLC chief executive.