Okemo says laundering was no crime in Kenya

ByaseL

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Nov 22, 2007
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Daily Nation

Nambale MP Chris Okemo wants to be spared money laundering charges in Jersey on the grounds that the offence was not a crime in Kenya when it was allegedly committed.


The argument is part of an application to the High Court seeking to block his extradition to the island for trial.

The government is expected to move to court this week to seek the extradition of Mr Okemo and former Kenya Power and Lighting Company boss Samuel Gichuru.

Mr Okemo says in the court papers: “Prior to the enactment of the Proceeds of Crime and Anti-Money Laundering Act 2009, it was not an offence in Kenya, hence the charges do not satisfy the dual criminality principle.”

The MP also wants the court to rule that allegations of
misconduct in public office made by the Jersey authorities should not be tried there.


“As the alleged criminal conduct took place in Kenya, it has sole jurisdiction to try the alleged offender,” says his petition.

The MP faces 15 counts of money laundering and misconduct in public office allegedly committed between February 1, 1998 and June, 28 2002, which he denies.

“In the event the offences were committed, the State which lost money is Kenya. It is a fact that no funds which are owned by Jersey or its institutions were lost,” he says.

Mr Okemo, who has held the Energy and Finance portfolios, further wants the magistrates court, which is supposed to issue extradition orders, prohibited from “accepting or hearing” any request to that effect.

When the matter was filed, he wanted the Attorney General and Director of Public Prosecution barred from filing such proceedings in the lower court but High Court judge Nicholas Ombija declined, saying it would be “speculative.”


Mr Okemo also says he would not have a fair trial if the case is heard in Jersey.

Interpol issued a red notice against him and Mr Gichuru after a warrant by the Bailiff and Chief Justice of the island of Jersey, United Kingdom in April 2011.
 
The goverment is expected to move to court this week to seek the extradition of Mr Okemo and former KPLC boss Samuel Gichuru. Am i reading this right? Surely things will never be same in Kenya,This is unprecedented.
 
Daily Nation

Nambale MP Chris Okemo wants to be spared money laundering charges in Jersey on the grounds that the offence was not a crime in Kenya when it was allegedly committed.


The argument is part of an application to the High Court seeking to block his extradition to the island for trial.

The government is expected to move to court this week to seek the extradition of Mr Okemo and former Kenya Power and Lighting Company boss Samuel Gichuru.

Mr Okemo says in the court papers: "Prior to the enactment of the Proceeds of Crime and Anti-Money Laundering Act 2009, it was not an offence in Kenya, hence the charges do not satisfy the dual criminality principle."

The MP also wants the court to rule that allegations of
misconduct in public office made by the Jersey authorities should not be tried there.


"As the alleged criminal conduct took place in Kenya, it has sole jurisdiction to try the alleged offender," says his petition.

The MP faces 15 counts of money laundering and misconduct in public office allegedly committed between February 1, 1998 and June, 28 2002, which he denies.

"In the event the offences were committed, the State which lost money is Kenya. It is a fact that no funds which are owned by Jersey or its institutions were lost," he says.

Mr Okemo, who has held the Energy and Finance portfolios, further wants the magistrates court, which is supposed to issue extradition orders, prohibited from "accepting or hearing" any request to that effect.

When the matter was filed, he wanted the Attorney General and Director of Public Prosecution barred from filing such proceedings in the lower court but High Court judge Nicholas Ombija declined, saying it would be "speculative."


Mr Okemo also says he would not have a fair trial if the case is heard in Jersey.

Interpol issued a red notice against him and Mr Gichuru after a warrant by the Bailiff and Chief Justice of the island of Jersey, United Kingdom in April 2011.

Mbona mzee wa Vijisenti hafunguliwa mashtaka naye aliweka vijisent vyake huko,kumbe huko Jersey ndiko akina Vijisenti & Co huficha fweza zetu,si ajabu Mzee wa vijisenti hayuko pekee yake alieficha fweza huko wako wengi tena hao wanaitwa Wazee wa Mijihela ,du ngoja nijiendee zangu Lushoto(sijui Irente au Kifungilo)nikajipumzikie mzee wa watu huku nikila kuku kwa mrija taraatibu.Viongozi wa kiafrika bana kwa kwiba hawana msalie mtume,one chance kwishne
 
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