The Director of Public Prosecutions (DPP) Noordin Haji's office on Sunday, October 16, refuted claims that extradition cases against former Finance Minister Chris Okemo and former Kenya Power boss Samuel Gichuru were halted.
In a statement, the Office of the Director of Public Prosecutions (ODPP) maintained that the cases were held in abeyance.
He noted that Gichuru's case had been postponed on medical grounds after he became critically ill.
He further defended the postponement noting that it was a widely accepted practice by both the local laws as well as that of the UK justice system.
"The ODPP has not made the decision not to proceed with the extradition proceedings against Samuel Gichuru and it is therefore erroneous to report otherwise. Further, the extradition proceedings against Mr. Gichuru have not been halted but held in abeyance or postponed on account of the medical condition of the fugitive. This is permissible under domestic law, internationally, and under the laws of the United Kingdom. According to a medical report availed to the ODPP and extradition court, Mr. Gichuru is critically ill.
"It is an internationally accepted principle that extradition may be postponed or held in abeyance on the basis that, it would be 'unjust or oppressive or too severe a punishment for extradition to proceed.'" Read the statement in part.
He further maintained that the case against Gichuru would proceed when his health condition improves.
"The ODPP, in line with international conventions and best legal practices considered the medical condition of Mr. Gichuru. That notwithstanding, the extradition proceedings against Mr. Gichuru shall proceed should his medical condition permit.
"We reiterate that the proceedings have not been halted but held in abeyance on account of his medical condition and thus there is no selective justice herein," the letter added.
The ODPP also explained that the case against Chris Okemo was still ongoing with the extradition court slated to deliver a ruling on whether he is eligible to surrender on November 30, 2022.
The two are wanted by the UK after they were accused of engaging in money laundering practices and misconduct in public office in Jersey shore.
The duo, however, began battling their extradition in 2011.
They were accused of stealing funds from Kenya Power between 1998 and 2002 before stashing the proceeds at the Jersey shore.
Haji has been under fire after withdrawing a number of high-profile cases.
