BY SAM ALFAN.
Director of Public Prosecution Noordin Haji has dismissed claims that he has halted extradition proceedings against former Kenya Power boss Samuel Gichuru.
The DPP clarified in a statement the proceedings before a Nairobi court have not been halted but held in abeyance on account of the medical condition of Gichuru.
“This is permissible under domestic law, internationally and under laws of the United Kingdom. According to a medical report availed to the DPP and extradition court, Gichuru is critically ill,” said the Chief Prosecutor.
Haji added that it is an international accepted principal 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”.
“Considering the medical condition of Gichuru, the forgoing provisions of the London scheme aptly apply. This is not the first time that the medical condition of the fugitive has been used as a basis for abeyance or postponement of extradition,” said the DPP.
He cited a similar case against a former Kenyan judge saying while considering an extradition request made by Kenya for the surrender of Philip John Ransley, the United Kingdom relied on the medical opinion of Dr. David E. Neal, CBE, FMedSci. FRCS to postpone and ultimately declined the extradition request.
DPP Haji clarified that extradition proceedings against Chrysanthus Okemo is ongoing and the extradition court will deliver the ruling on whether he is eligible to surrender on November 30.
DPP said he remains committed to the execution of request for extradition in accordance with relevant laws.
