The Supreme Court on Friday allowed Director of Prosecutors (DPP) Noordin Haji to proceed with the extradition process of corruption suspects Samuel Gichuru and Chris Okemo.
The two are wanted on the island of Jersey on charges of theft of public funds and money laundering. Their extradition was delayed for 10 years due to legal problems.
Attorney General Kihara Kariuki and the DPP were involved in a legal brawl over who has the mandate for extradition procedures against corruption suspects.
The AG argued that the DPP does not have the legal authority to initiate an extradition proceeding, as the process involves international relations that fall within the constitutional mandate of the executive.
He wanted the Supreme Court to uphold a decision of the Court of Appeals of March 2, 2018 that invalidated the extradition process initiated by the DPP in 2011. The trial was deemed to have been initiated by an unauthorized person.
On the other hand, the DPP wanted the court to approve the proceedings he initiated in July 2011. The DPP argued that since the proceedings are criminal in nature, the AG has no role to play.
Furthermore, according to Article 156 of the Constitution, the AG has no powers in relation to criminal proceedings which include extradition proceedings.
Article 157, paragraph 10, provides that the DPP does not require the consent of any person or authority for the initiation of criminal proceedings, adding that it must not be subjected to the management or control of any authority in the exercise of its powers. or functions.
After several false starts, the Supreme Court stated that the proceedings before the Judiciary, which had been initiated by the DPP in July 2011, must continue immediately as a matter of priority.
Okemo served in the government of President Daniel Moi as Minister of Energy between 1999 and 2001, while Gichuru was CEO of Kenya Power between November 1984 and February 2003.