UK's Jersey Island to Repatriate Sh450 million Seized from Gichuru and Okemo to Kenya

Kenya and the UK have signed an Asset Recovery Agreement (ARA) that will see Sh450 million seized from former Kenya Power Managing Director Samuel Gichuru and former Energy Minister Chris Okemo repatriated to the country.

Gichuru and Okemo are wanted in the United Kingdom’s Jersey Island to face charges of graft and money laundering. 

The two are accused of defrauding Kenya Power and Lighting Company (KPLC) of millions of shillings between 1998 and 2002 and stashed the proceeds in offshore accounts in Jersey.

The Royal Court of Jersey said that Gichuru and Okemo received bribes in hard cash amounting to Sh997 million but only Sh526 million was recovered after the rest was wired back to Kenya. Kenya will get Sh450 million out of Sh526 million after the deduction of court expenses.

Okemo is reported to have used Windward Trading in Jersey as the company that would receive bribes disguised as commissions or consultancy fees from entities that won contracts from Kenya Power. 

The Standard reports that the recovered funds will be used to support the government’s ongoing response to the Covid-19 pandemic. 

90 percent of the Sh450 million will be allocated to the procurement of essential medical equipment while the rest will support a community-based project with Amref Health Africa.

The ARA was signed by Her Majesty’s Attorney General for Jersey Mark Temple QC, and Kenya High Commissioner to the UK Manoah Esipisu on Monday.

"We have already prosecuted the Jersey company involved for money laundering offences, and continue to support the ongoing extradition proceedings by the prosecuting authority in Kenya to bring the individuals responsible to justice," Temple said after the signing of the agreement.

On his part, Esipisu termed the signing of the agreement as a demonstration of the government’s commitment to fighting corruption.

The funds were confiscated by Jersey authorities in 2016 following the conviction of Windward Trading Limited for money laundering offenses.

Okemo and Gichuru are facing 13 and 40 counts respectively and could be sentenced to 14 years in jail each if they are extradited to Jersey and convicted of the charges.

Last November, the Supreme Court gave the Director of Public Prosecutions (DPP) Noordin Haji the green light to commence extradition proceedings against the two.

Justices Martha Koome, Mohammed Ibrahim, Smokin Wanjala, and Njoki Ndung’u unanimously ruled that extradition proceedings are criminal in nature and that the legal authority to commence extradition proceedings lies with the DPP and not the office of the Attorney-General.