Former Kenya Power MD James Gichuru and former Energy minister Chris
Okemo (right) during mention of an extradition case against them at a
Nairobi court. PHOTO | FILE
By DAVID HERBLING, hdavid@ke.nationmedia.com
In Summary
- The Royal Court of Jersey on Wednesday made a confiscation order to seize the £3.28 million and $540,330.69 (totalling Sh520 million) held in the offshore account of Windward Trading Limited.
- This is the entity former Kenya Power MD Samuel Guchuru used to receive kickbacks in exchange for the award of lucrative tenders to foreign firms during his two-decade tenure at the helm of Kenya Power.
Jersey authorities have seized the entire stash of cash that former Kenya Power
managing director Samuel Gichuru and ex-Energy minister Chris Okemo hid
in the island, even as they vowed to continue pushing for extradition
of the duo to face money laundering, fraud and misconduct charges.
The Royal Court of Jersey on Wednesday made a confiscation
order to seize the £3.28 million and $540,330.69 (totalling Sh520
million) held in the offshore account of Windward Trading Limited - the
entity Mr Gichuru used to receive kickbacks in exchange for the award of
lucrative tenders to foreign firms during his two-decade tenure at the
helm of Kenya Power.
Jersey’s Attorney General Robert MacRae said the
decision had the effect of “stripping the company of all its assets,”
leaving his office to focus on the ongoing effort to bring Mr Gichuru
and Mr Okemo to justice.
“This is a very important case, demonstrating
Jersey’s commitment to combatting money-laundering and tackling
international corruption,” said Mr MacRae shortly after the court made
the asset recovery order.
“The confiscation order provides an indication as to the scale of the criminal conduct that took place.”
The Attorney- General expressed optimism that
Kenyan authorities would conclude the ongoing extradition proceedings so
that Gichuru and Okemo are handed over “to face money laundering
charges in connection with Windward’s activities.”
Mr Gichuru’s systematic bribery scheme involved
energy companies from a dozen countries, forcing Jersey authorities to
seek mutual legal assistance from 12 governments in pursuit of the
stolen wealth.
Mr Gichuru and Mr Okemo face 53 counts linked to
“commissions” paid by companies to win Kenya Power tenders and hidden
in a Jersey account in foreign currencies: £4.45 million; $3.2 million
and kr790,000; (totalling Sh1.01 billion at current exchange rates),
according to Jersey court papers.
The duo kept withdrawing handsome amounts from the
Jersey account until 2003 when administrators of the slush fund refused
to wire payments to Gichuru fearing punitive consequences from the
Kibaki regime, which had hired Kroll Associates to track and repatriate
funds stolen and stashed abroad under the Kanu regime.
Moi-era carpetbaggers – mostly public officers -
looted more than £1 billion (Sh146 billion) from taxpayers’ and stashed
the cash in offshore bank accounts and prime real estate overseas,
according to a forensic study by Kroll Associates.
Kenya Power awarded big-ticket contracts to
multinational energy companies, who discreetly paid bribes to Mr Gichuru
through Windward, said Howard Sharp, who prosecuted the case and
previously served as Jersey’s solicitor general until July 2015.
“The case is historic. It is the first time there
has been a prosecution in respect to the corruption that took place
during the Moi era,” said Mr Sharp, a Queen’s Counsel, who began working
on the case in 2007.
The renewed efforts by Jersey to seize the loot in
Mr Gichuru’s hidden account once again puts to shame Kenyan anti-graft
agency and public prosecutor who are yet to institute any charges
against the ex-Kenya Power boss and his co-accused for defrauding the
Kenyan public.
Mr Gichuru’s tenure at the helm of Kenya Power was
replete with load shedding and increased uptake of expensive thermal and
temporary power - which cost the Kenyan economy billions of shillings
annually.
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