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To each and every Police Officer of the ~1and of Jersey, and all Her Majesty's
officers of the peace wnom it may concem:INFORMATION
given on oath. on the gili April 2010 bas been laid by Detective
Constable Mark Adrian Grieve of the States of Jersey Police Force that Samuel
Klmnchn Gichnrn (dob 14. April 1942) bas:
.
(a) con=licd the proceeds of crimiml conduct, contnuy to Article 34(1) (a) of the
Proceeds of Crime (Jw.;cy) Law 1999: .
(b) tranSferred the W=cds of crinrinaI condae~ contnuy ta Article 34(1) (b) of
the !'rocceds of aime (J=cy) Law 1999;.and
.
(c) assisted anothOJto n::ta.inthe benefit of criminal conduct:. contr3ry to Article:32
of the Proceeds of Crime (J=)
Law 1999
The deponalt bas just cause to suspect and verily believ~ that the said Samuel
KimDcbu Gichurn is rcs,idcritin ~ya.

TIffiSE ARE THEREFOREto commandyou andevery one of you in thenameof

Her Majesty forthwith to apprehend and bring Samuel Kimuc:hu Gicharu before the
comperent Court of lINice of this Island the said to answer to the said information
and be further dealt with according to Jaw.

WHEREFORE this shall be your WARRANT.

GIVEN nnder my ~and 'Uld sea! !hi.! 8th day af April 2010

/7<;:Rc!
B.ailiff and Cbjcf Justice
of the Is]and

of JeJ":!ley,

Cbannel Islands.

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To each.and r;vay Police Officer of the Island of Jersey, and "all Her MajeSty's
officers of the peacewhom itroay concem:.

INFORMATION given on oath, on the 8~ April 2010 h2s been !lrld by Detective
Constable Mark Adrian Grieve of the Sta.!es of Jersey Police FoIU: that Chrysanthus
.

Barnabas Okemo (dab 17thJuly 1947) has:

(a) concealed the proceeds of crimina.! conduct, contnuy to Article 34(1) (a) of the
ProccedsofCrime
(Jersey) Law 1999; aod
(b) trnnsf=d
the proceeds of criminal conduct, contnuy to Article 34{1) (b) of
the Procced.s of Crime (Jersey) Law 1999
..
The deponent has just canse to suspect and verily believes that the said Chrysanthns
.

Barnabas Okt:mois reside:rtin Kenya.

THESE-ARE THEREFORE to command you and every one of you in the name of
Her Majesty forthwith to apprehend aod bring Chrysantbns Barn~1r.Ls Okemo
before the competent Court of Justice of this Island the said to answer to the said
information and be further dealt with according to law.
.

WHEREFORE this shall be your WARRANT.

GIVEN under my band and sea] this 8th day or April 2010

05/?;;
Bailiff

:a.nd Chief Justice

of the Island or Jersey J

Channel Islands. .

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a\1 lIer Majesty's

officers ofth~ peace whom it may concem:-"'

.
.
INFORMATION
given on oath. on the 20" ADol 2011 has been llid by Detectiv~
Constable' Marl< Adrian Grieve of the States ol Jeney PoDce Force that Samuel

Klmuchu GlCBURU (dob 1.4'"Ajnill942. Kenya)has:

..

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(a) i:oncCated the ~

ofcriminal ro';duct. rontnlry to Article 34(I)(a) of the
ProceedsolCrime(J'ersey)
Law'I999;.-"
(b) tnmsfened the procc:eds of criminal ronduct. roIl1ra1y to Article 34(1)(b) of.
the ProCeeds of Crime (Jersey) Law 1999;
(c) assisted. another to retain the benefit of crinrinal rooduct. contnlry to',Article
32 of the Proceeds of Crime (Jersey) L8w 1999;
(d) acquired the Proceeds of CriIDinaJ CoDduct. rontnlryto Article 33 of the
.
,
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l'IoccCds ofCriine (Jersey) Law 1999; ,
(e) cOnspirOd to receive property obtained by ronduct outside Jersey amounting

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(I) possesSed prupe<tf obtained by conduct outside Jersey amounting to an

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(g) received pmpCrty obtBmed by conduct outside Jersey amounting

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(b)roimnitted
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to' an
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fioud; and

fraudulently Converted property.

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The deponent has j~ cause to suspect and verily be1ieves that the said S~mnel
Klmucho GICBURU is",.;d=!
in Kenya.
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TIIESE. ARE TIlEREFORE to commJind yui.i and every one of you in the name of

Her MAjestYforthwith to app<chcod and bring Smoel Klmocha GICBURU before

the rom~t
Cowt of Justice of this Island the said to ansWer to the said information
aud be further dealt with according to law,

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WHEREFORE this sba11be your WARRAN[,

GIVENundermYh.ndaudsWdrl~,2~~~.l~P77

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9ffi~oftl1~~whoIDit~_ay~n~:

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INFORMATION
given on oath, on the 20'" April 20ll has been .laid by Detective
that.
Constable Mark Adrian Grieve ..of the Sbttes of Jeney PoU"" Force
.
CluysaD\hu,
BarubUJ OKEMO (dob 17'" July 1947. Kenya) has:.

(a) ~cea1ed
.

'.

thepro<;eedsof criririnaI cooduct.

contrary to Article 34(1)(.) of the
.

Piuceeds ofCriine (Jersey) Law 1999;

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(b) transfared the proceeds of criminal condnct, contrary to Article 34(1)(b) of

the Proceeds ofCrU:De(Jersey) Law i999;
(o) ...,quit<iI the Proceeds of crimiDaJ Cooduct, contrarY to Artiole 33 of the
Proceeds of Crime (Jersey) Law 1999;
,

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(d)possesscd
offiD::c;

propc:ty
.

obtained
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by conduct
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onlside

Jersey

"",,!unling
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.to, an '

le) conspired to u:ceive prnpcrty obtained by condnct outside Jersey ..mounting

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. tomoffence;".

(t) rOceived property obtained by. cOnduct outside Jersey mnonnling

offrnce;'and'.

(g) committed

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fumd.,

Barnabus

OKEMO

. Tbe depoDcn1 has jUst cause to suspect

isrtSidentin

to an

aDd verilybeli<:ves that the said Chrynnthu.

Kenya.'

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1HESE ARE'I'HEREFORE to command you and <:veryooe ofyou in the name of

Her Majesty forthwith to apprehc1d ,and bring Chrynnth.u
Barnabus OKEMO
befure the COII1pCtem
Court ofJustice oribis IsIaod the said to answer
to the said
.

infurmittion and be furtherdealt with acoording to law.

'

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WHEREFORE Ibis sbaUbe your WARRANT.

this 20th

GIVEN under my hand and -

day

of~Pril201
.

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of the IllaDd of Jeney,
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3;14tj
A

BEFORE THE ROYAL COURT OF JERSEY

Her Majesty', Attorney General
-vSamuel Kimuchu GICHURU
and
Chrysanthus Barnabas OKEMO

Samuel Kimucbu GICHURU and Chrysanthus Barnabas OKEMO are charged

with tbe following offence(,):
COUNT 1
Statement of Offente
Concealing the proceeds of criminal conduct, contrary to
Ankle 34(1)(a) of the Proceeds of Crime (Jer.;ey) Law 1999.
Particnlars of Offence
l~tJuly 1999 and 28th
Samuel Kimuchu Gichuru., in the Islaod of Jersey, between
June 2002, concealed and disguised property, namely funds credited to Wrndward
Trading Ltd.) that, in whole or in part, represented his proceeds of criminal
conduct, DaDlely m1sconduct in a public office, fraud, money laundering and
r~eiving property obtained by conduct outside Jersey amo':ffiting to an offence,
by:
(i)
causbg such property to be. remitted and credited to bank accounts
in the name ofWindwmd TmdiDg Ltd..;
(ii)
causing Windward Trading Ltd. to hold the said proceeds in its
bank accounts to his or his ageots' order;
for the purpose of avoiding prosecution for an offence of misconduct in a public
office. fIaud, receiviDg property obtained by conduct outside Jersey amounting to
an offence. bribery or corruplion or confiscation in Jersey.

Her Maje5't'j's

A1:tomcy Geacral

3767
s~

COUNT 2
Statement of Offence
Concealing the proceeds of criminal conduct. contnuy to
Article 34(1)(a) of the Proceeds of Crime (Jersey) Law 1999.
Particulars of Offence
Samuel Kimuchu Gichuro, in the Island of Jersey, between 9~ May 2000 and 28"
June 2002, concealed and disguised prnperty,. namely 449,988 remitted by
Wartsila NSD Nedcr1and BV and credited to Windward Trading Ltd. on 12" May
2000, that, in whole or in part, represented his proceeds of crimioal conduct,
namely misconduct in a public office, money laundering and bud, by:
(i)
=ing
such property to be remitted and crectited to a banle
account in the name ofWmdward Trading Ltd.;.
(ii)
causing WindwardTra<lingLtd. to hold the said proceeds in it;
bankaCcOlmts
to his orhis agents'order;
.
for the purpose of avoiding prosecution for an offence of misconduct in a public
office, fraud, receiving property obtained by conduct ou1side Jersey amounting to
.

anoffence, briberyorcorruptionor confiscati~~in Jers/:y.

COUNT 3
StAtement of Offence

Concealing the proceed:3 of criminal conduct, contrary to

Article 34(1)(a) of the Proceeds of Crime (Jersey) Law 1999.

Partie-ulan of Offence
Samuel Kimuchu

Gichuro,

mthe Island

of Jersey, bctween

12" August 2000 and

28" June 2002, concealed and disguised property, namely 450,000 remitted b~
Wartsil, NSD Nedcrland BV and credited to Windward Trading Ltd. on 15
August 2000, that, in whole or m part, represented Ills proceeds of crimlll;,1
conduct, namely misconduct in a public officc? fraudand money launderingby:
(i)
causing such property to be remit1ed and crectited to a bank
account in.thename of WindwardTrading Ltd.~
(ii)
causing Windward Trading Ltd. to hold the said proceeds in its
~ank accounts to his or his agents:'order;
for the purpose of. avoiding prosecution for an offence of misconduct in a public
office, fraud, receiving property obtained by conduct outside Jersey amounting to
an offence. bribery or corruption or confiscation in Jersey.

Her Majc5ty's

Attorney.G~neral

3708

oQI

...""

COUNT 4
Statement of Offence
Concealing the proceeds of crirninaJ conduct, contrary to
ArticJe 34{I){a) of the Proceeds of Crime (Jersey) Law 1999.

Particulan of Offcace
Samuel lCimucbu Gicburu, in the Island of J==y, between 5'" December 2000
and 28'" June 2002, concealed and disguised property, namely 600,000 remi~ed .
by Wartsila NSD Nederland BV and credited to Wmdward Trading Ltd. OU8"'.
December 2000, that. in whole or in part. represented his proceecb of criminal
conduct.namely misconduct in a public office, fracd and money laundering,by:
(i)
causing such property to be remitted and ere<lited to a bank
=unt
in !he uarne ofWmdwaId TrndingLtd;
(n)
causing WindwaId Trading Ltd. to hold the said proceeds in its
bank accounts 10his or his agents' order.
for thepurposeof avoidingprosecutionfor anoffenceof misconduct in a public
office, fra~ receiving property obtained by conduct outside Jersey amounting to
an offence, bn"bery or corruption or confisc:illon in Jersey.

COUNTS
Statement of Offence
Concr:aling the proceeds of criminal conduct, contrary to
Article 34{1)(a) of !he Proceeds of Crime (Jersey) Law 1999.

ParticuIan of Offence
Samuel lCimucbu Gichuru, in the Island ofJersey, between 16" October 2001 and
28'" June 2002, eoneea1ed and disguised property, namcJy 599,994 remitted by
WartsUa NSD NcderJand BV and credited to Windward Trading Lid on 19"
October 2001, th:rt, in whole or in part, represented his proceeds of criminal
conduct, namely misconduct in a public office, fnJud, and money laundering. by:
(i)
causing such property to be remitted and credited to a bank
account in the uarne of Windward Trading Lid;
(ii)
causing Windward Trading Ltd. to hold the said proceeds in its
bank accounts to his or his agenls' order;
for the purpose of avoiding prosecution for an offence of misconduct in a public
office, fra~ receiving property obtained by conduct outside Jersey amounting to
an offence, briberyor corruption or confiscation in Jersey.

Her Majesty's

Attorney General

3789
1

...-

COUNT 6
Statement of Offence
Concealing the proceeds of criminal conduct, contrary to
Article 34(lXa) of the Proceeds of Crime (Jersey) Law 1~99.

Particulan of OffenceSamuel Kim~chu Gichuru, in the Island of Jersey, between 14" JamJary 2000 and
28'" June 2002, concealed and disgnised property, namely 12,159 remitted by
Matt MacDonald and credited to Windward Trading Ltd on '17'" January 2000,
that, in whole or in part, represented his prOceeds of criminal conduct, =cIy
misconduct in a public office, fraud and money laundering, by;

(i)
(Ii)

causing such property to be remitted and credited to a bank

account in the name of Wmdward Trading Ltd.;
causing WlDdward Trading Ltd to hold the said proceeds in its
bank accounts to his or his agents' order,

for thc pwpose of avoiding prosecundn for an offence of misconduct in a public

office, fraud, receiving property obtained by conduct outside Jersey amountmg to
an offence, bribery or corruptionor coIlfi.scari~~in Jersey.

COUNT 7
Statement

oCOfTence

Concealing the proceeds of criminal conduct, contrary to

Articlc 34(1)(a) of the Proceeds of Crime (Jersey) Law 1999.
Particular! oCOfTence
Samucl Kimuchu Gichuru, in the Island of Jersey, between 8" November 1999
and 28" June 2002, concealed and disguised property, namely 21,600.49
remitted by Camargo Ltd. and credited to Wmdward Trading Ltd. on 11 ~
November 1999, \bit, in whole or in part, represented his proceeds of criminal
conduct, namely misconduct in a public office, fraud,receiving property obtained
abroad by conduct amocnting to an offence and money laundering, by:
(i)
causing such property to be remitted and credited "0 a bank
acccunt in the name of Wmdward Trading Ltd.;
(ii)
causing Windward Trading Ltd. to hold the said proceeds in its
bank accounts to his or his agents' ordc:r;
for the purpose of avoiding prosecution for an offence of misconduct in a public
office, fraud,receivingpropertyobtainedby conductoutsideJer:seyamountingto
an offence, bn"beryor corruptionor confIScation in Jersey.

Her Majesty's

Attomrry

Genera.)

3770

COUNTS
Statement of Offence
Concealing the proceeds of crimiual conduct, contrary to
Article 34(1)(a) of the Proceeds of Crime (Jer:;ey) Law \999.

Pamc.uJan of Offence
28ili
Samuel Kimuc.hu Gichuru, in the Island of Jersey, between I" July \999 and
June 2002, concealed and disguised property, namely S227.941.50 that had been
remitted to the bank account of Windward Trnding Ltd. by Coburg Investments
on 3" June \999 and was held by Wmdward Trnding on and after \" July 1999,
that, in whole or in part. representedhis proceeds of criminal conduct, namely
misconduct in a public office, fraud, receiving property obtained by conduct
outside Jasey amounting to an offence, and money launderin~ by causing
Windward Tmding Ltd. to hold the said proceeds in its bank accountsto his or his
agents' order for the pwpose of avoiding prosecution for an offence of
misconduct

in a public office, fraud. receiving property obtained by conduct

outside Jersey amounting to an offence, bribery or corruption or confiscation in

Jersey.

COUNT 9

Statement of Offence.

Concealing the proceeds of criminal conduct. contrary to

Article 34(1)(0) ofthc Proceeds of Crime (Jer:;ey) Law 1999.
Parlicuhrs of Offence".
18th June 2000 and
Samuel Kimuchu Gichuru, in the Island of Jersey, betw'een
28ili June 2002, concealed and disguised property, namely $250,000 remitted by
Consortium

Siemens

Voith Hydro and credited to Wmdward

Trading Ltc!. on

21st June 2000~ that, in whol~ or in part, represented his proceeds of criminal
conduct, namely misconduct in a public office, fraudand money Immder:iDg,
by:
(i)
causing such property to be remitted and credited to a bank
account in thc D8ID.C
of Windward Trading Ltd.;
causing Windward Trading Ltd to hold the said proceeds in its
(ii)
bank accounts to his orhis agents' order;
for the:purpose of a'Voidingprosecution for an offence of misconduct in a public
office, fraud. receiving property obtained by conduct outside Jersey amo1l11tingto
an offence. bribery or corruptionor confiscation in Jersey,

Her M2jl".Sty's Anom~

Gcn~ral

377l
'f

COUNT 10
Statement of Offence
Transferring the proceeds of crimiDal conduct, contrary to

Article 34(1)(b) of the ProctXds of Crime (Jersey) Law 1999.

Particulars of Offence.
Samuel Kimuchu Gichuru, in the Island of Jersey, between l~ July 1999 and 28th
June 2002, transf',rred property, namely funds credited to Wmdward Trading Ltd.,
that, in wbolc or iD part. represented his proceeds of criminal conduct, namely
nllsconduct in a public office, fraud, receiving property obtained by conduct
outside Jersey amountingto an offence, and money laundering,by causing
\Vindward Trading Ltd. to transfer the said proceeds to the bank accounts of
various other parties, including his own bank account in Jersey, for the purpose of
avoidiIIg prosecut1on fot an offence of misconduct in a public office, fraud,
receiving property obtained by ~nduct outside Jersey amounting to an offenc~,
bribery or corruptionor confiscation in Jersey.

COUNT 11
Statement of O:ffen~e
Transferring tbe proceeds of criminal conduct, cantnu)" to
Law 1999.

Article 34(I)(b) of the Proceeds of Crime (J=ey)

Pamculan

of Offence,

Samuel Kimuchu Gichuro, in the Island of Jersey, on or about 29thMan:h 2000..

transferred property, namely funds credited to Windward Trading Ltd., that, in
whole or in part. represented his proceeds. of criminal conduct, namely
misconduct in a public office. fiaqd, receiving property obtained by conduct
outside Jersey amounting to an offence, and money laundering. by causing
WindwardTrading Ltd. to transfer $317,499.98 to his own bank account in Jcrsey
for the purpose of avoidlng prosecution for an offence of misconduct in a public
office. fraud, receiving property obtained abroad by conduct amounting to an
oifence. bribery or corruptionOrconfiscation in Jersey.

HI!T Majesty's

Attorney

General

3772
~

COUNT 12

Statement of Offence
Transferring the proceeds of criminal conduct, contrary to
Article 34(1)(b) of the Proceeds of Crime (Jersey) Law 1999.

Particulars of Offence
tb
Samuel KUnuchuGichnru. in the Island of Jersey, on or about 11 August 2000,
transferred prop<:rty, namely funds credited. to Windward Trading Ltd., that, in
whole or in part, represented his proceeds of criminal conduc~ namely
misconduct in a pubJjc office, fraud, receiving property obtained by cOOdllct
outside Jersey amounting to an offence and money laundering. by causin.g
Windward Trading Ltd. to transfer $40,000 to Ibe bank account of CJu-ysanthus
Barnabus Okemo for the purpose of avoiding prosecution for an offen<;:eof
misconduct in a public office, fraud, receiving property obtained by conduct
outside Jeisey amounting to wJ offence. bribery or corruption or confiscation in
Jersey.

COUNT 13
Statement of Offence
Transfc-rri.ngthe proceecb of criminal conduct, contr3ry to
Article 34(1)(b).ofthe
Proceeds of Crime (Jersey) Law 1999.

Particula~

of Offence
Jl

Samuel Kimuchu Gich':lfU.in the Island of Jersey. on 21 September 2()OO.

transferred pmperty, namely funds credited to Windward Trading Ltd., thot, in
whole or in part., representedhis proceeds of criminal conduct,. namely
misconduct in a public office, fraud. receiving property obtained by condlIct

outside Jersey amouatingto 1m offeDce. aDdmoney lal.Uldering,by causing

Windward Trading I!d. to transfer $250,060.21 to the bank account of Arus

Management Services Ltd. for the purpose of avoiding prosecution for an offenc~
of misconduct in a public office, fraud, receiving property obtained by conduct
outside Jersey amounting to an offence, bribery or conuption or confiscation in
Jersey.

Her Maj~sty's

Attorney

G~nera1

37n

"

COUNT 14
Sta.tement of Offence
Transferring the proceeds of crimIDal conduct, contrary to
Article 34( I)(b) of the Proceeds of Crime (Jersey) Law 1999.

Particulars of Offence
Samuel Kimucbu Gicburu, io the Island of Jersey, 00 18" May 2001, transferred
property, camely funds credited to Wiodward Trading Ltd., that, in wbole or in
pMt, representedhis proceeds of crimina..)conduct,namely misconduct in a public
office, fTaud,receiving property obtained by conduct oUtsideJersey amounting to
an offence, and money laundering, by causing WmdwardTrading Ltd. to transfer
SI50,039.30 to the back account of Arus Management Services Ltd. for the
purpose of avoiding prosecution for an offence of m.is<:onduct
in a public office,
frau~ receiving property obtained by conduct outside Jersey amounting to an
offence:,briberyor corruptionor confiscation in J~rsey.

COUNT 15
Statement of Offence
Assisting another to retain the benefit of criminal conduct, contrary to
Article 32 of the Proceeds of Crime (Je:rsey) Law 1999.

Particulars of Offence
Samuel Kimuchu G1churu.,knowing or suspecting tliat Chrys.anthusBarnabas
Okemo, MiclIael Dennis Mukri IGnyanjui and otbers were engaged in criminal
conduct, namely misconduct in a public ofIicc~ fraudand money latmdering. was.
from I" July 1999 until 28~ June 2002, in the Island of Jersey, coccemed in an
auangcment whereby the retention or control by ChrysanthusBarnabas Okemo.
Michael Dennis Mukri Kinyanjui and others of their proceeds of crim.inaJconduct
was facilitated by:
(i)
causing the said proceeds of crimicaJ couduct to be remitted and
credited to back accounts in the lUlIne of Windward Trading
Limited.; and
(ii)
causing Wmdward Tradln
to hold the said proceeds of
c
conduct in its bank accoWlts;and
(Ui) causmg Windward Trading LiImted to transfer the said proce,eds
.
of'cnmmal conduct:
.
a) m me bank aCcoWltof ChrysanthtL<; B<imabasOkemo in
Jersey;or
b) to the bank account of Arm Management Services in
Gibraltar for onward tr:msfer to the back accounts of (1)
ChIysactbus Barnabas Okemo in Jersey, (2) Michael
Dennis Mukri Kmyanjui; or
c) to bankaccounts of the said oth~ directly or via the
bank accounts of Arus Management Scr'liccs or
Equatorial Back.

Htt

Maj~$ty':>

:f

Attorney

Geaeral

3774

COUNT 16
Sf2tement of Offence
Acqumng the Proce~ds of Criminal Conduct, contrary to
Article 33 of the Proceeds of Crime (Jersey) Law 1999

Partic:u]an of Offence
Samuel Kimuchu Giehuru, between I" July 1999 and 28th June 2002 acquired
property, namely funds credited to the bank:accmmt of his company in Jersey.
Windw8Id Trading Ltd.. knowing the same to represent, in whole or in part,
directly or indirectly, the proceeds of ChrysanthusBarnabus Okemo's criminaJ
conduct:.namelymisconductin a public office, ftaudandmoneylaundering.

COUNT 17
Statement

of Ofre-nc:e

Conspiracy to Receive Property Obtained by Conduct Outside Jersey

Amounting to an Offence
ParncuJars o(OfTence

Between I't Februmy 1998 and 28th June 2002 Samuel Kimuchu Giehuru and
Chrysanthll<;;

R...~.,').""..

nt-pm

,-.nn<:tp:TPr1 tng~thM"

tn

en:1bl~

rhq<:;::\nthlj~

Barnabus Okemo to receive. into his bank account in Jerscv~ DrQ'Oertv.n~mdy

[WJd;::,crealtcd to the wd bank account foUowmg transfers from WLndward
TradIng Lid. and Arus Management Services Ltd., knowing the same to have
been obtained by Samud l'-..11I1uchu
Gicburu by conduct outside Jcrnoy which, had

it occurred in Jersey, would have amounted to an offence, namely misconduct in a

public office and fraud.

COUNT 18
Statement

of Offence

Possessing Property Obtained by Conduct Outside Jersey

Amowrting to an Offcnce

ParHculars of Offence
Samuel Kimuchu Gichuru on 3'" January 2001, in the Island of Jersey, had in his
possess:ion property, namely funds held in the bank accounts of his company.
Windw.trd Trading Ltd., knowing the same to have beeD obtained by him.by
cond'Uctoutside Jersey which, had it occurred in Jersey, would have amounted to
an offence, namely misconduct in a public office andfraud.

1<&~

fl<M.'-!'
Her Majesty's

Attorney

General

; c;)
3 ""'~

,'2.

COUNT 19
Srntement of Offence
Rccciving Property Obtained by Conduct Outside Tersey
Amounting to an Offence
Particulars

of OffeDc

Samuel Kim1JchuGichuru on or about 2ndJanuary1998, in the Island of Jer.sey.

received into the bank account of his company Windward Trading Ltd. property.
namely 900,000 sent to the sajd account 'by WartsiJa NSD Nederland BY,
knowingthe sameto have beenobtainedby himbyconductoutsideJerseywhich,
had it ocCUITedin Jersey, would have amountedto an offence, namely misconduct
in a public office and fi-aud.
COUNT 20
Statement of Offence
Receiving Propeny Obtained by Conduct Outside Jersey
AmOlUltingto an Offence
ParticuIan of Offence
Samuel Kimuchu Gichuru on or about 7!DFebruary1997, in the Island of Jersey,
received in10the bank.account of his company Windward Trading Ltd. property.
=e1y
243,340 sent to !be said account by John Brown Engineering Ltd,

knowingthe sameto have been obtainedbyhimby conductoutsideJerseywhic~

had it occurred in Jersey, would have amountedto an offence, nameJy misconduct
in a public office and ftaud.
COUNT 21
Statement of Offence
Receiving Property Obtained by Conduct Outside Tersey
Amounting to an Offence
Particulan of Offence
Samuel Kimuc:hu Gichuru on or about 12th May 2000, in the Island of Jersey,
received into the bank account of his company WindwardTrading Ltd. property,
namely 449,988 sent to the said account by WartsiJa NSD NederOOd BY,
knowingthesame to have been obtainedby himby conductoutside Jerseywhich,
badit occurredin Je~:r. would have amountedto anoffence, namelymisconduct
in a public office and fuud.

Her Majes1y' s Attomey

GcncnJ

3776
--::0-

COUNT 19
Statement of Offence
Rccciving Property Obtained by Cooduct Outside Jersey

Amountingto an Offence

'

Particulars of Offence
Samuel Kimuchu Gich\JIU on or about 2"' January 1998, in the IslaDd of Jersey,
received into the bank account of his company WindwardTrading Ltd. property~
namely 900,000 sent to thc sajd account 'by Wartsila NSD Nederland BY,
knowing the same to havc been obtained by him by conduct outside Jersey wIllch.
had it occurred in Jersey, wouJd have amountedto an offence, namely misconduct
in a public office and fraud,

COUN'T20
Statement of Offence
Receiving Property Obtained by Cooduct Outside Jersey
Amounting to an Offence
PamcnJan of Offence
Samuel Kimuchu Gichuru 00 or about 7~ February 1997, in the Island of Jersey,
recc:ivedinto the bank account afms company Windward Trading Ltd. pr()perty,
oamely 243,340 sent to the said account by John Brown Engjneering Ltd,

knowingthe sameto have been obtainedbyhimbyconductoutsideJerseywhic~

had it occurred in Jersey, would have amountedto an offence. nameJy misconduct
in a public office and fraud.
COUNT 21
Statement of Offence
Receiviog Property Obtained by Conduct Outside Jersey
AmOl.mtingto an Offence
Parti.culan of Offence
Samuel Kimuchu Gichuru on or about 12thMay 2000, jn the Island of Jersey,
received into the bank account afms company Windward Trading Ltd. property,
namely 449,988 sent to the said account by WartsiJa NSD Nedetland BY,
knowing the same to have been obtained by him by ~onduct outside Jersey which,
had it occurred in Jersey. would have amountedto an offence, namely misconduct
in a public office and fraud.

Her Majes1)"S

AttomqGenCTiU

377~
-::)

COUNTn
Statement of Offence
Receiving Property Obtained by Conduct Outside Jersey
Amounting to an Offence
Particu]ars of Offence
Samuel Kimuchu Gichuru on or abour 8thDecember 2000, in the [sland of Jersey~
reee;ved. into the back account of bis company Wmdword Trading Ltd. property,
namely 600,000 sent to the said account by Wartsila NSD NederJand BV,
knowing the same to bave been obtained by him by condm;;toutside Jersey which,
had it occurn::din Jersey, would hZve amountedto an offence. namely m:isconch1ct
in a public office and fraud.

COUNT 23
Statement of Offence
Reeeiving Property Obtained by Conduct Outside Jersey
Amounting to an Offence
Particulars

of Offence:

Samuel Kimuchu Gichuru on or about 19~ October 200 I, in tho Isl1md of Jersey,
received iota the bank account of his company Windward Trading Ltd. property.
namely 599,994 sent to the said acccunt by Wartsila NSD Nederland BV,
knowing the same to have been obtained by him by conduct outside Jersey which,
had it occuned in Jersey, would have amountedto an offence. namely misconduct
in a public office and fraud.

COUNT 24
Statement of Offence
Receiving Property Obtained by Conduct Outside Jersey
Amounting to an Offence

Particular!! of Offence
Samuel Kimuchu Gichuru on or about 17'" January 2000, in tho Island of Jersey,

receivedinto the bank accountof his companyWindwardTradingLtd.property.

namely 12,159 sent to tho. said account by Mot! MacDonald, knowing the same
to have-been obtained by him by conduct outsjdeJersey which. had it occmred in
Jersey, would have amounted to an offence, namely misconduct in a public office
and fraud.

H~ Maj~'s

Attorney GeDeral

3777

COUNT 25
Statement of Offence
Receiving Property Obtained by Conduct O1rtsidekrsey
Amounting to an Offence
ParticuIsN of Offence
Samuel Kimuchu Gichuro on or about 3'" June 1999, in the Island of Jersey.
received into the bank account of his company Windward-Trading Ltd. property.
namely $227,941.50 seritto the said account by Coburg Investments Ltd..
knowingthe sametohave been obtainedby him byconductoutsideJersey whic~
had it occurredin Jersey. would have amounted to an offence, namely misconduct
in a public office and fraud.
COUNT 26
St2.tcmentof Offence
Receiving Property Obtained by Conduct Outside Jersey
Amounting to an OffeDCC
Particulars of Offence

SamuelKimuchuGichmuon or about25~ April 1991, in the Island of Jersey.

received into his own bank: accotmt in Jersey property~ namely 110,000 sent to
the said account by Camargo Ltd, knowing the same to have been obtained by
him.by conductoutside Jersey whi~ hadit occu:rredin Jersey, wouEd have
amounted to an offence, namely misconduct in a public offi~ and mud.
COUNT 27
Statement of Offeuce
Receiving Property Obtained by Conduct Outside Jersey
AmD11!lting to an Offence

Parn<:uJan of Offence
Samuel Kimuchu Gichuru on or about 11m November 1999, in the Island of
Jersey, received into the bank account of his company, Windward Trailing Ltd.,
property, namely 21,600.49 sent to the said account by Camargo L1d.Jknowing
the same to have been obtained by .him by conduct outside Jersey which. lw:i it
occmred in Jersey. would have amounted to an offence, namely misconduct in a
public office and fraud.

Her Majesty's

Attorney G~nera1

3778

-..

COUNT 30
Statement of Offence
Fraud
Particulars of Offence
Samuel Kimuchu Gicburu, in the Ishmd of J""",y. betWeen 24" October 1996 and
6" May 1997 criminally defrauded the Kenya Power and Lighting Company Ltd.
by falsely representing that the price for a contractissued by the Kenya Power and
Lighting Company Ltd. to John Brown Engineering Ltd. dated 27'" January 1997
comprised'only l~gitima1e charges when those charges were in fact inflated to
meet or recover the cost of making cor::ruptpayments to his Jersey company~
WindwardTrading Ltd., with intent to cause a benefit to hll:nself,namely the said
payments to Wmdward Trading Ltd. and prejudice to the Kenya Power and
Lighting Company, namely payment of the said inflated contract price. Withthe
result that the said benefit was in fact obtained, and the said prejudice was in fact
suffered.

COUNT 31
Statement of Offence
Fraud
ParncuJan

of Offence

Samuel Kimucbu Gichuru. in the Island of Jersey, between I" October 1997 and
30'" November 1998 criminally defrauded the Kenya Power and Lighting
Company Ltd. by falsely representing that the price for a con~t awarded by the
Kenya Power and LightIDg COmpany Ltd. to Kvaemer Energy Ud. by letter dated
9th October 1997 comprised only legitimate charges wben those cbarges were in
fact inflated to meet or recover the cost of making canupt payments to his Jersey
company, WiDdwardTradingLtd., with intentto cause a benefit 10 himself,
namely the:said payments to WindwardTradingLtd. and prejudice to the Kenya
Power and Lighting Company, namely payment of the said inflated contract price.
with the result that the said benefit was in fact obtained, and the said prejudice
was in fact suffered.

Her Maj~s:ty's

Attmney

GtncraJ

3780
~

COUNT 32
Statement of Offenc:e
Fraud
Particulan of Offence

5.amuclKUnuchuGicburu, b. the IsI.nd of Jersey, between I U August 1994and

)" June 1999, criminally defrouded the Kenya Power and Lighting Company Ltd.
by falsely representing to the book keepers, auditors and/or fiscal authority of
Motorola Communications Isnel Ltd. thatpa1mcDtsby Motorola
CommttIricafjons Israel Lid. to Samuel KUnucbu Gichuru's company, Coburg
Inves1meDts Limited, were payable in return for S<:MCOS
provided by Cohurg
Investments Ltd to Motorola Communications IsraelLtd. with respect to contracts
awarded by the Kcoya Power and Lighting Company Ltd. when ill fact the said
payments were corrupt paymeots made for the beeetit of SatDuel KUnuchu
Gichuru and others, with ie,eat to == a beeefit to himself, namely the said
paymeots, and prejudi"" to the KeDya Power and Lighting Compaoy Ltd., oamely
inducing the Kenya Power andLighting Company Ltd..to award contracts to
Motorola Communi""tions Israel Ltd. UpODtheuoderstandillg that the said
contract awards were:made in consideration of ]egitimate commercial factors
ooly, with ihe result that the said beeefi' wa5 in fact obtained, and the said
prejudi"" was in fuet suffered.
COUNT 33
St.atement of OUeute
Fraud
Particulars of Offence
Samuel Kimuchu Gichuru; in the Island of Jersey, between 20" September 1989
and 19~ August 1992 crinriDally defrouded the Kenya Power and Lighting'
Company Ltd..by falsely representingthatthe price for a contnlct relatingto a

hydroelectricpowerprojectat Ewaso Ngirobctw~D the KenyaPowerand

Lighting Company Ltd. and Knight Piesold and Partners dated 20" July 1990, as
ameDded by an agreement dated 29" October 1990, eompriseel ooly legitimate
charges when those charges were in fact inflated to meet 9Crecover the cost of
maJdngcorruptpayments.viaCamargoLtd.to hisbankaccountin Jersey orto
his Jersey company, WindwardTradingLtd., with intCI1tto cause a benefit to
himsclf, namely the said payments, and prejudice to the Kenya Power and
Lighting Company, Damely payment of the said inflated contract prico, with the
result that the said benefit was in fact obtained, andthe sajd prejudice was in fact
suffered.

Her Majesty's

Attorney G~tTal

3781
11

COUNT 34
Statement ofOffenc:e
Fraud
Particulars of Offence
Samuel Kirnuchu Gicburu, in the Island of Jersey, between l" October 1996 and
28" ApriJ 2000 criminally defrnuded the Kenya Power and IJghting Compimy
Ltd. by falsely representingthatthe price for a.contractrelatingto a hydro electric
power unit at Git!ru between the Kenya Power and Lighting Company Lid. and
Matt MacDonald compri~ only legitimate charges when those charges were in
fact inflated to meet or recover the cost of making corruptpaymcnt3 to his Jersey
company. WindwardTrading Ltd., with intent to cause a benefit to himsel~
namely the said payments, and prejudice to the KenyaPower andLighting
Company, namely payment of the said inflated contract price, with the result that
the said benefit was in fact obtained. and the said prejudicewas in fact suffered.
COUNT 35
St2tement of Offence
Fraud
Particulars of OffeD~e
Samuel Kirnuchn Gic!roru, in the Island of Jersey, between 1" May 1997 and 28'"
April 2000 criminally defrauded the Kenya Power and IJghting Company Ltd. by
faJse1yrepresentingthat the price for a contract issued by the Kenya Power and
Lighting Company Ltd. to ConSortium Siemens - Voith Hydro comprised only
legitimate charges when those charges were in fact inflated

to meet

or recover the

cost of making corrupt payments to his Jersey company, Windward Tmdlog Ltd.,
with intent to cause a benefit to himself; namely the said payments to Windward
Trading Lfd. and prejudice to the Kenya Power and Lighting Company, namely
payment of the said iDDatedcontractprice, with the result that the said benefit
was in fact obtained. and the said prejudice was in fact suffered.

Her Majc.sty's Attorney

Genml

3782
0

COUNT 36
Statement

of Offence

Fraudulent Conversion

Particulars of OfIeol:e
Samuel JUmuchn Gichuru, in the Island of Jersey, between 6" May 1997 and 31"
January 2002, being a director of the Kenya ~ower and Lighting Company Ltc!.,
fi-audulently converted the property of the Kenya Power and Lighting Company
Ltd., namely money, by cau:rir.g the Keoya PoW<!"and Lighting Company to
become liable to pay to Tsavo Power CompaDY Ltd. pursuant to a Power Purchase

agreement dated 25 January 2000, funds used to offset the cost of corrupt
payments totalling 3 million made by Wartsila NSD Nederland BV to his
company Wmdward Trnding Ltd.

COUNT 37
Statement

of Ofi'CDCC

Fraudulent Conversion

Particulan of Offence
SamuOl JUmuchu Gichuru, in the Island of Jersey, between 24 October 1996 and
6'" May 1997, being a director of the Kenya Power and Lighting Company Ltd.,
fraudulently converted the property of the Kenya Pow<r and Lighting Company
Ltd., namely 260,000, by causing the Kenya Power aod Lighting Company Ltd.
to pay John Brown Engineering Ltc!.the said 260,000 pursuant to a contract
dated 21'-'-January 1997~the money being used to meet or recover the cost of
.
corrupt payments totalling 260,000 made by John Brown Engineering Ltd. to his
co!!'pany Windward Trading Ltd.
COUNT 38
Statement of Offence
Fraudulent Conversion

Particulars of Offence
$I
SamuelKimuchuGichuru.in theIslandof Jersey,bctwcen1 October1997 and
.
30111

y
November ]998, being a directorofllie Ken a Power and Li tin Co
Ltd., fi-audulently conY
e pro
0 e Kenya ower and Lighting
Company Ud., nam~lLb.WU,
by cawmg the KenyaPower and Lighting
Co!!'pany Ltc!.to pay Kvaemer nergy Ltd. the said 126,000 pursuant to a
contract awarded by Jette. dated 9~ October 1997, the money being used to meet
or recover the cost of corrupt payments totalling 126,000 made by Kvacrner

Energy Ltd. to his company Windward Trading Ltd.

Her Maj~'s

Attorney General

3783
2.\

".1

COUNT 39
Statement of Offence
FrauduIwt Conversjon
Particulars

of OffeDce

Samuel Kimucbu Gicburu, in the Island of Jersey, between 20'" September 1989
and 19'" August 1992, being a <lirectoroflbe Kenya Power and Lighting

CompanyLtd., fraudulently converted thepropertyof the Kenya Power and

Lighting Company Ltd., namely 515,000, by Causing Ibe Kenya Power and
Lighting Company Ltd. to pay Kaigh1 Pi=ld and Partners the said 515,000
pursuantto a contractdated20m July 1990, amendedby agreement dated 29th
October 1990. the money being.used to meet or recoverthe cost of corrupt
payments totalling 515,000 made by Kaigbt Pi=ld and Partners, via Camargo
Ud.. to his bank account in Jersey octo the bank account ofhis. company
Windwan! Trading Ltd.

COUNT 40
Statem<:nt of Offence
Fraudulent Convernon
Particulars

of Offence

Samuel Kimucbu Gicburu, in the Island of Jersey, between 1st October 1996 and
28" April 2000, being a director of the Kenya Power and Lighting Company Ltd.,
fraudulently converted the property of the Kenya Power and Lighting Company
Ltd., namely 23,086, by causing the Kenya Power and Lighting Company Ltd. to
pay Mot! MacDonald the said 23,086 pursuant to a contract awarded by letter
S1
dated 31 October 19%, the money being used to meet or rccm~cr the cost of
corrupt payments totalling 23,086 made by Mott MacDonald to his company
Windward Trading Lid.

Hr::r Majr::sty's

Attorney

Gr::ner~l

3784

rJ
'"

.' -~"

COUNT 41
Statement ofOJTence
ConceaHng the proceeds of criminal conduct, c.ontrary 10
Article 34{1)(a) of the Proceeds of Crime (Jersey) Law 1999.
Particular1

of Offence.

Chrysanthus Barnabas Okemo, in the Island ofJersey, between lU July 1999 and
28~ June 2002, concealed and disgwsed property, namely funds crodited to
Wmdward Trading Limited, tha~ in whole or in part, represented hi proceeds of
criminalconduct,-namely misconduct in a public office, fraud and money
laundering, by:
(i)
Causingsuchpropertyto beremittedandcre<litedto bankaccounts
in the oame of Windward Trading Limited;
(ii)
causing Windward Trading Limited to hold the said proceeds in its
bank accounts to his or bis agents' order
for the pwpose of avoiding prosecution for an offence:of misconduct in a public
office, fra:u~receiving property obtained by conduc1outside Jersey amounting to
an offence, bribery or corruption or confiscaiion in Jersey.
COUNT 42
Statement of Offence
Transferring the proceeds of criminal conduct, contrary to
Article 34(1)(b) of the Proceeds of Crime (Jorsoy) Law 1999.

ParticuJ.an of Offence
1st August. 2000
Chrysanthus Barnabas Okemo, in the Island of Jersey, between
and 3'" August 2001, tr:msfCITed property, namely ftmds credited to Windward
Trading Limited, that, in whole or in par4 represented his proceeds of criminal
conduct, namely misconduct in a public office~ frnud~ receiving property obtained
by conduct outside Jersey amounting to an offent::e and money laundering. by

causing Windward Tradll1g Limited to transfer the said proceeds to other bank
a.ccountsincluding accounts held by him andby Ams Management Services
Limited for the purpose of avoiding prosecutioDforan offe11ceof misconduct in a
public office, fraud, r~civing propertyobtained by conduct outside Jersey
amounting to an offence, bribery or corruptionor confiscation in Jersey.

Her Majesty's Attomey Generu

3785
J-3

COUNT 43
StatcII1ent of Offence
Tr.msfcrring the proceeds of criminal conduct, contrary to
Article 34(1)(b) of the Procc<ds of Crime (Jersey) Law 1999.
ParticuJal'3 of Offence
Chr}'santhus Barnabas Okemo, in the Island of Jersey. on Dr about 11" August
2000 trnnsfcrred property. namely funds cr..Jited to Wmdward Trading Limited,
that. in whole or in part, representc:d his proceeds of criminal conduc~ namely
misconduct in a public office. fraud, receiving property obtained by conduct
outside Jersey amo1.IDtingto an offence and money lauudering. by causing
Windward Trading Limited to transfer .$40,000 of the said proceeds to IDSown
bank account in Jersey for the purposo of avoicling prosecution for an offence of
misconduct in a public office. fraud, receiving property oblained by conduct
outside Jersey amoWlting to an offence~ bribery or corruption or confiscation in

J=y.
COUNT 44
Statement of Offence
Transferring lhe proceeds of criminal conduct, contrary to
Article 34(1)(b) of the Proceeds of Crime (Jersey) Law 1999.
Particulan

of Offe'DCe

Chrysantbus BarnabasOkemo, ia the Is]and of Jersey.on or about 18Ut August

2000 tnmsfcm:d propcrty, namely funds creilifed 10 Windw3rd Trailing Limited,
that, in whole or in part. represented his proceeds .of criminal conduct, namely
misconduct in a public office. fraud. receiving property obtained by conduct
outside Jersey amounting to an offence and money laundering. by causing.
Windward Tra<ling Lirrllt<d 10 transfer $65,000 of the sajd proceeds to his owo
bank account in Jersey for the pwpose of avoiding prosecution for an offence of
misconduct in a public office, fraud, receiving property obtained by conduct
outside Jersey amounting to an offence. bn"beryor corruption or confiscation in
J=y.

Her

Majesty'.'!

Attorney

GC'Ile.ral

37,,8

:;r--

COUNT 45
Statement of Offence
Transferring the proceeds of criminal conduct. contrary to
Article 34(1)(b) of the Proce<:ds of Crime (Jersey) Law 1999.

Particulars of Offence
st
Chrysanthus Barnabas Okcmo~ in the Island of Jersey, on or about 21 September
2000 traDsfem:d property, namely funds cr<dited"' Windward Trading Limited,
that, in whole or in part, represented his proceects of crimiDal conduct, nameJy
misconduct in a public office, fraud, receiving propertyobtained by conduct
outside Jersey amounting to an offence and money Janndcring. by causing
Windward Trading Limited to transfer $250,000 of the said proceeds 10 the bank
"""oUIrt of Nus Management Services Ltd., for onward trllIlSfer of $1 00,000 of
that sum to his own bank account in Jersey, for the purpose ofavoidiog
prosecution for an offence of misconduct in a public office, fraud, receiving
property obtained by conduct Qutside Jersoy amounting to an offence, bribexy or
corruption or confiscation in Jersry.

COUNT 46
Statement of Offence
T=fcrring the proceeds of criminal conduct, contrary to
Article 34(1)(b) of the Proceeds of Crime (Jersey) Law 1999.
Particulars

of .Offence

Chrysanthns Barnabas Okemo, in the Island oUrney, on 18" May 200 I,

tranSferred property, namely funds credited to Wmdward Trading Ud., that, in
whole or in part,repr~sented his proceeds of criminalconduct, namely
misconduct.in a public office, fraud~ rccei-vingpropertyobtained by conduct
outside Jerseyammmting to an offence, and money laundering,by causing
Wmdward TradIDgLtd. to transfer $150,000 to the bank accounts of Arus
Management Services Ltd. for onward transferof $50,000 of that sum to his own
bank account in Jersey for fue purpose of a'loiding prosecution for an offence of

misconduct in a public office, fraud, receiving propertyobtained by conduct

outside Jersey amounting to an offence, briberyor corruptionor confiscation in
.
~~.

HO"Majesty's

Anomey

Genl:ral

3787

~~-

~ --..

'.

COUNT 47
Statement of Offence
Acquiring the Proc<eds of Criminal Conduct, contriuy to
Article 33 of the Proceeds of Crime (Jersey) Law 1999

P:uticulan of Offence
n
Chrysanthus BaID1Ibus Okemo, between I August 2000 and 3rd August 2001
acquired property. namely funds credited to his bank account in J crsey followiJlg
tIarl.Sfers to the said account by Windward Trnding Ltd. and Arus Management
Services Ltd., knowing the same to represent, in whole or in part, directly or
indirectly~ the proceeds of SamUel Kimuchu Gichuru's criminal conduct, namely
Misconduct in a Public Offic~) fraud, receiving property obtained by conduct
outside Jersey amounting to an offence and money laundering.

COUNT 48
Statement of Offence

Possessing Property Obtained by Conduct Outside J =ey

Amounting to an Offence
Particulan of Offence
Chrysanthus B=bas
Okemo on27~November200l,
in the 13Iand of Jersey,
had in his possession property, namely funds held in his bank account in Jersey,
knowiDgthe same to have been obtained by Samuel KD:nuchuGichuru by conduct
outsid~ Jersey which. bad it occurredin Jersey~would haye amounted to an
offence. namely misconduct in a public office and fraud.

COUNT 49
Statement of Offence
Re<:eiviDg Property Obtained by Conduct Outside JeTsey
Amounting to an Offence

Particulars of Offence
Chrysanthus B.mabas Okemo DnDrabout lslli June 1999, in the Island DfJersCY,
r~ciyed property, namely 53] ,670 sect to his bank account in Jersey by Camargo
Ltd., knowing the same to have been obtained by him by conduct outsidc)ersey
which,hadit occurredin Jersey, wouldbave amountedto anoffence, namely
misconduct in a public office and fraud.

Her Majesty's

Attom~

General

37R8
--.?
tV

COUNT

50

Statement of Offence
Receiving Proporty Obtained by Conduct Outside Jersey
Amounting to aD Offe:nce

Putie-ulan of Offence
Chrysanthus Barnabas Okemo on or about 1J" August 2000, in the Island of
Jersey, received property, namely $40,000 sent tn his bank account in Jersey by

WindwardTradingLtd..knowingthesameto have beenobtainedby Samuel

Kimuchu Glchuruby conduct outside Jersey Which.bad it occurred in Ja'Sey.
would have amountedto an offence., namely misconduct in a public office and
fraud.

COUNT 51
Statement

of Offence

Rcceiving Property Obtained by Conduct Ou/sjde' Jersey

Amounting to art Offence

Particidan of Offence
Chrysanthus Barnabas Okemo on or about 18" August 2000, in the Island of
Jers.ey,received property,namely $65,000 sent to his bank account in Jersey by
Windward Trading Ltd., knowing the same to have been obtained by Samuel
Kimuchu Gichuru by conduct

outside Jersey which., had it occurred in Jersey.

would have amountedto an offence, namely misconduct

in a public office and
.
frand.
COUNT 52
Statement

of Offence

Receiving Property Obtained by Conduct Outside Jersey

Amounting to an Offence
Particulan of Offence
Chrysanthus Barnabas Okemo on or about 18" April 2001, in the Island of Jersey,
received property,nnme]y $99,973 sent to his bank account in Jersey by Ares
Management Services Ltd., knowing:the same to have been obtained by Samuel
Kimuchu GicbUruby conduct outside Jersey which, had it o~.cUrredin Jersey,
would have amountedto an offence, namely misconduct in a public office and
fraud.

Her Majesty's

Attomc:y G~c:r2ll

3789

27

,-

COUNT 53
Statement of Offence
Receiving Property Obtained by Conduct Outside J croey
Amounting to an Offence

Particulars of Offence
Chrysanthus Barnabas Okemo nn or about 30" May200I, in tlie Island of Jersey,
received property. namely $49,972 sent to IDSbank account in Jersey by Artis
ManagementServices Ltd., knowing the same to baveDeen obtrrinedby Samuel
Kimuchu Gichuruby conduct outside Jerseywhich,.had it occurred in Jersey,
would have amounted to. an offence, namely misconductin.a public office aDd
fraud.

Her Majesty's

Attorney Gencnt

37JtJ

41.

The public generator

in Kenya was the Kenya Power Company ["KPC"].

As set out in the statements,

Gichuru and KPLC managed KPC until the

mid 1990s.

42.

In addition
request

to these statements

include documents

capacity.

the records sent with this extradition

signed by Gichuru and Okemo in their official

There are numerous

examples of Gichuru signing contracts

on

behalf of KPLC.

Payments to Windward

43.

The table below identifies the parties that contracted

amount

of money each paid to Windward.

with KPLC and the

The figures come from page

127 of the report ofMr Small (DASjA). The column on the right

identifies where evidence that the relevant party contracted with KPLC
may be found.

Party

Aggregate

Danish

Aggregate

Evidence of

Kroner

Payment

Contract with

in $

KPLC

2,999,982

500,000

Exhibits TLj A and

Payment in

Wartsila

RADjG
779,000

Motorola

Exhibit RADjE

IsraeljCoburg
Investments
Kvaerner jJohn

Deposition ofJohn

451,037

Glover and exhibit

Brown Engineering

RADjC
554,000

Union FenosajIber

and RADjl

Africaj Ashdene
Ewbank
Preece/Mott

Exhibits MHjC

309,506

Deposition of
Mike Durham and

All

~'

"

exhibit RADII

MacDonald
282,390

Pauwels

Exhibit RAD/H
375,000

Leopard Systems

Exhibits RAD/H
and MH/D

- Siemens

Voith

375,000
202,940

Camargo

Exhibit RAD/J
Depositions

of

Garratt and Illes

Gapco Tanzania
Genzl

38,196

W Lucy IPower

107,653

249,974

Exhibit RAD/H

154,381

Exhibit RADII
Exhibit RAD/H

Isolators
Cams International

129,765

Exhibit RAD/K

[HR Consultants

65,250

Exhibit MAG/A

South Wales

41,914

Exhibit RAD/H

Transformers
Capitan Europe

24,990

H Young

15,978

Intenec

9,996

786,853

TOTAL

4,459,572

786,853

In addition

44.

Exhibit MH/C
Exhibit RAD/H
Exhibit RAD/H

3,207,360

KP, via Camargo, paid 448,667 to Gichuru's account and

$20,000 to Okemo's account in Jersey.

The volume and value of payments to Windward increased dramatically

4S.

from January 1997, although not the number of payers. An analysis of

all of Windward's receipts from third parties from January 1997 to June
2002, when the accounts were frozen, is striking. The aggregate
amounts paid to the sterling account in this period are":
Party
I

Amount in
I

19 Kvaerner, Ewbank Preece, W. Lucy and Knight Piesold/Camargo

money to Wind,~ard before 1997.

sent other

A12
1'.21

rI)

that they knew that some such fraudulent

document

was to be created

and placed on Wartsila's books to justify the payments from which they
benefitted.

The agreement

is signed by a representative

of Windward,

presumably

provided by Gichuru. Gichuru and Oken:lOmust have known

that it was impossible for Wartsila to make these payments without

justifying them with fraudulent documents.
knowledge

of, and agreement

Okemo and Gichuru's

to, this makes them party to these false

representations.

115.

Counts 30 - 31 and 33 - 35 allege fraud against Gichuru by infiation of

the contract
inflation.

price. In all but one case there is direct evidence of such

The exception relates to the VOith - Siemens payment.

evidence proves that Gichuru's method of committing

The

the offence

involved inflation of the contract price. MM was the consultant on the

Voith - Siemens project

There is direct evidence that MM inflated their

contract price.
,

116.

Count 32 is similar to count 29. It concerns the fraudulent consultancy

agreement betWeen Coburg Investments and Motorola Communications
Israel.

117.

The remaining

counts allege fraudulent

conversion

against Gichuru, who

was a director of KPLC. In each case there is evidence that the cost of the
relevant contracts
payments

was inflated to meet the costs of those contractors'

to Windward.

This amounts to a conversion

of the property of .

KPLC to the benefit of Gichuru.

"

A35

- .'".

Sworn at Jersey Magistrate's

Court)

On this the 5th day of May 2011

m.~...m-DI Lee Turner

3'2-

A36