Ex-Swiss envoy to be probed after Anglo Leasing bribery claim

Former Swiss Head of Mission to Kenya Jacques Pitteloud. He is being investigated on claims that he solicited a bribe from the Kenyan businessman Deepak Kamani. FILE PHOTO | STEPHEN MUDIARI  

By BRIAN NGUGI, bnjoroge@ke.nationmedia.com

In Summary

• Mr Kamani has claimed in court papers filed in Kenyan and Swiss courts that Mr Pitteloud tried to extort money from him at his Nairobi Kyuna residence in May last year.
• Reacting to the development, Kenyan Attorney-General Githu Muigai said the government would cooperate in the investigations.

The Swiss government has ordered investigations on its former top diplomat in Nairobi to unravel an alleged bribery scheme involving controversial billionaire businessman Deepak Kamani during the former’s five-year stint in Kenya.

The Switzerland Attorney-General’s office yesterday confirmed to the Business Daily that it had instructed the country’s police to investigate former Swiss ambassador to Kenya Jacques Pitteloud on claims that he solicited a bribe from the Kenyan businessman.

Mr Kamani has claimed in court papers filed in Kenyan and Swiss courts that Mr Pitteloud tried to extort money from him at his Nairobi Kyuna residence in May last year.

In his suit papers, the tycoon attached copies of text messages between him and Mr Pitteloud, alleging that the Swiss ambassador threatened to initiate money laundering investigations against him if he did not pay up the billions he was asking for.

“The Office of the Attorney-General of Switzerland (OAG) has taken note of the decision made by the Appeals Chamber of the (Swiss) Federal Criminal Court on 29 June 2016 in relation to the no-proceedings order issued by the OAG on 7 March 2016,” said the Swiss AG on Monday in a statement.

“The Appeals Chamber of the Federal Criminal Court upheld the appeal in respect of the offence of attempted coercion. The OAG has therefore requested the (Swiss) Federal Department of Justice and Police for authorisation to bring a prosecution in respect of this particular offence.”

Mr Kamani and his brother Rashmi Kamani had claimed in court documents filed in both Swiss and Kenyan courts that Mr Pitteloud tried to extort $55 million (about Sh4.8 billion) from him in exchange for assistance to terminate money laundering investigations by Swiss authorities.

Last May the Kamani brothers filed a complaint before the Swiss Federal Prosecutor claiming Mr Pitteloud attempted to force them into giving him the money in exchange for the case being dropped.

The brothers alleged Mr Pitteloud had abused his authority and violated his duty of secrecy. On June 29, the Swiss Federal Criminal Court ordered that the diplomat be investigated for the alleged crime.

“Pitteloud intervened without having received a mandate from the Swiss authorities to do so. This intervention is also illegal. Therefore, it has to be admitted that he requested from the appellants an action which he was not entitled to obtain. The exercised coercion therefore seems illegal,” the Swiss Federal Criminal Court ruled on June 29.

READ: Kamani fights Swiss plea for Anglo-Leasing files

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The Swiss AG’s office said it had initially decided not to take any proceedings against the diplomat “as the elements of the offence concerned” had clearly not been fulfilled after analysing the complaint.

Following the fresh ruling by Swiss Federal Criminal Court, however, the Swiss AG has now ordered investigations on the diplomat with the specific accusation of coercion.

Swiss AG spokesman Anthony Brovarone told the Business Daily that they would not make further comment on the development at this time as criminal proceedings are pending.