The government has failed in its bid to extradite former Finance Cabinet minister Chris Okemo to the United Kingdom for trial over the alleged theft of Ksh1.5 billion.
In a ruling by Chief Magistrate, Roseline Oganyo delivered on Wednesday, November 30, she noted that the Office of the Directorate of Public Prosecutions (ODPP) failed to produce requisite evidence demonstrating why Okemo ought to be extradited to the UK.
The magistrate also pointed out that the ruling was influenced by the DPP’s initial decision to proceed with the case using only documentary evidence.
She noted that the ruling dated September 20, 2022, where the DPP affirmed that the case would proceed without closing witnesses.
Initially, the state prosecutor had lined-up to call five witnesses to produce against the former Cabinet Minister.
The witnesses, who were slated to virtually appear from the UK, were to provide the evidence needed for the extradition to be granted.
However, in a surprise move, senior assistant DPP, Alexander Muteti, affirmed that they would not call the five witnesses.
(But) when the case was called for hearing on September 20, the prosecutor said he won’t call the five witnesses and will rely on the documentary evidence,”
“He submitted 14 bundles of documents in court as evidence. He would have called the witnesses to produce the documents. So no documentary evidence has been tendered in accordance with the evidentiary rules. The move by Mr Muteti caught the court and counsel by surprise,” the magistrate ruled.
While issuing the ruling, the magistrate also blocked the ODPP from reopening the case.
“To accede to the DPP’s request will be unfair to Okemo in view of the age of the matter. The DPP must be held to his decision as he did on September 20 to close the case without evidence or witnesses. So no evidence has been adduced to warrant the court to allow the extradition,” she ruled.
Okemo served as Energy Minister in former president Arap Moi’s government. He was also the Member of Parliament for Nambale Constituency.
He was accused alongside former Kenya Power boss, Samuel Gichuru for allegedly receiving cash bribes worth Ksh1 billion that were wired to accounts in the United Kingdom.
Source: kENYANS.CO.KE