DPP explains postponement of ex-Kenya Power CEO Samuel Gichuru's extradition

The Office of the Director of Public Prosecutions says it has not halted the extradition proceedings against former Kenya Power CEO Samuel Gichuru in the United Kingdom over graft allegations.

Gichuru and former Finance minister Chris Okemo are accused of siphoning millions of shillings from Kenya Power and Lighting Company, most of the loot in kickbacks, between 1998 and 2002 and hid the proceeds in offshore accounts in the U.K.

The DPP on Sunday said Gichuru's extradition proceedings have only been postponed because the ex-Kenya Power boss is sick.

"The ODPP has not made the decision not to proceed with the extradition proceedings against Mr. Samuel Kimunchu Gichuru and it is therefore erroneous to report otherwise. Further, the extradition proceedings against Mr. Gichuru have not been halted but held in abeyance or postponed on account of the medical condition of the fugitive," a statement from the public prosecutor said.

The Noordin Haji-led prosecution agency further noted that Gichuru is critically ill and pointed out that his health has previously been used to postpone the proceedings.

"According to a medical report availed to the ODPP and extradition court, Mr. Gichuru is critically ill. It is an internationally accepted principle that extradition may be postponed or held in abeyance on the basis that, it would be 'unjust or oppressive or too severe a punishment for extradition to proceed'," the prosecutor added, quoting  the London Scheme for extradition within the Commonwealth.

The DPP stated that Gichuru's proceedings will resume if his health allows; "That notwithstanding, the extradition  proceedings against Mr. Gichuru shall proceed should his medical  condition permit."

Added the statement: "We reiterate that the proceedings have not been halted but held in abeyance on account of his medical condition and thus there is no selective justice herein."

Meanwhile for Mr. Okemo, the extradition court is expected to rule on whether he is eligible to surrender on November 30.

In November last year, the Supreme Court of Kenya allowed the DPP to proceed with extradition proceedings that could see Gicheru and Okemo face up to 14 years in jail in the UK if convicted of theft and money laundering charges.

Four months later, in March, Kenya signed an agreement with the Government of Jersey which would see Ksh.450 million in stolen funds recovered from the two by Jersey authorities in 2016 repatriated to the country.

According to the Government of Jersey, the millions were from proceeds of corruption and crime in Kenya and had been seized following the successful conviction of a company associated with Mr. Gichuru, Windward Trading Ltd, for money laundering offences.

The recovery of the stolen assets associated with secretive offshore banking involved collaboration between authorities in Kenya, the UK, and Switzerland and Jersey.