Kenya and Jersey have signed an asset recovery agreement that will see the return of Sh450 million in stolen funds confiscated from former government officials.
The funds will now be used to support the government’s ongoing response to the Covid-19 pandemic.
The funds were confiscated by Jersey authorities in 2011, following the successful conviction of Windward Trading Ltd for money laundering offences.
The firm ran secret offshore bank accounts belonging to former Kenya Power boss Samuel Gichuru and ex-Energy minister Chris Okemo.
The Jersey-Kenya Asset Recovery Agreement will enable the first return under the Framework for the Return of Assets from Corruption and Crime in Kenya (FRACCK), a multilateral initiative involving Kenya, the UK, and Switzerland and Jersey.
The Asset Recovery Agreement was signed by Her Majesty’s Attorney General for Jersey, Mark Temple QC, and the Kenya High Commissioner to the United Kingdom of Great Britain and Northern Ireland Ambassador Manoah Esipisu.
Amb Esipisu hailed the signing of the agreement as historic saying it signifies Kenya’s commitment to fighting corruption in all its manifestation.
“The repatriation of the Sh450 million signifies that there is nowhere in the world for corrupt individuals to hide their loot. Kenya is committed to working with partners such as the United Kingdom, Switzerland, and Jersey, to realise the aspiration of FRACCK,” he said.
He added: “The utilisation of the repatriated funds will go a long way in hastening the realisation of the Universal Health care (UHC) programme which is one of the flagship areas under the Big 4 Agenda.”
Pragmatic resolution
Head of Public Service Dr Joseph Kinyua said that the initial intention was to undertake projects within the energy sector, but following the onset of Covid-19, the Steering Committee adopted a pragmatic resolution to support project interventions within the health sector, noting the ramifications of the pandemic not only in Kenya, but across all nations.
“The conclusion of the Asset Sharing Agreement augments’ Kenya’s stance and unwavering commitment to fighting corruption both locally, regionally, and internationally. The unrelenting effort over the last few years resolutely affirms the message that all proceeds of corruption once acquired, will ultimately be reapplied to the benefit of Kenyans, notwithstanding the period,” he said.
The FRACCK was signed in the presence of former UK Prime Minister Theresa May in August 2018, by the President of Switzerland Alain Berset, during his official visit to Kenya in July 2018, and by Jersey’s Minister for External Relations, Senator Ian Gorst, in his official visit to Kenya in December 2018.
Jersey’s Minister for External Relations, Senator Ian Gorst said this was the culmination of years of hard work and cooperation between Jersey officials and international partners.
“Reaching agreement on the return of these funds in a transparent and accountable manner is fully aligned with the principles and aspirations of FRACCK. This puts Jersey at the forefront of emerging international best practice in the field of asset recovery,” he said.
In July 2020, the FRACCK Steering Committee decided that the £3M should be channelled into projects that would help Kenya’s Covid-19 response.
Two third-party suppliers were selected to deliver these programmes in Kenya namely: Crown Agents and Amref Health Africa.
The Agreement sets out that 90 percent of the funds will be allocated to the procurement of essential medical equipment, including Intensive Care Units and hospital beds, through Crown Agents.
The remaining 10 percent of the funds will support a community-based project with Amref Health Africa, which will strengthen healthcare worker capacity and enhance home-based care.
“I am delighted that we have concluded this agreement to return these stolen funds to Kenya to support their efforts in combating Covid-19. This agreement demonstrates yet again that Jersey does not tolerate financial crime and that stolen assets will be returned to their rightful owners,” Jersey’s Attorney General Mark Temple said.
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