The Office of the Director of Public Prosecutions (ODPP) has said that the extradition procedures against former Kenya Power CEO Samuel Gichuru in the United Kingdom have not been stopped.
The DPP today stated that Gichuru’s extradition proceedings had only been delayed due to him being ill.
“The ODPP has not made the decision not to proceed with the extradition proceedings against Samuel Kimunchu Gichuru and it is therefore erroneous to report otherwise. Further, the extradition proceedings against 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 prosecution team under Noordin Haji highlighted that his condition has previously been used to delay the proceedings.
“According to a medical report availed to the ODPP and extradition court, 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.
“That notwithstanding, the extradition procedures against Gichuru shall proceed should his physical condition permit,” the DPP stated.
“We stress that there has been no selective justice in this case because the proceedings have not been suspended but rather placed in abeyance due to his medical condition.” added the statement.
The extradition court is anticipated to decide whether Okemo is qualified to surrender on November 30.
Gicheru and Okemo could spend up to 14 years in prison in the UK if found guilty of theft and money laundering, according to extradition procedures that the DPP was granted permission to pursue by the Supreme Court in November last year.
Between 1998 and 2002, the two were charged with embezzling millions of shillings from Kenya Power and Lighting Company (KPLC), the majority of which was obtained through kickbacks, and concealing the proceeds in the UK offshore accounts.