Plan to return £3m criminal cash to help Kenya combat covid

Tuesday 03 August 2021

Jersey is preparing to return £3m in criminal cash to Kenya to help the country with its covid-19 response.

On 23 July, a decision was signed by External Relations Minister Senator Ian Gorst, which authorises the Attorney General to enter into an agreement with Kenya.

The cash, which had been hidden in Jersey, was seized following an international investigation that was conducted by the Jersey Law Officers’ Department under the supervision of the former Solicitor General, Howard Sharp QC.

The funds were confiscated by the Royal Court in 2016 after Windward Trading Limited pleaded guilty to four counts of laundering the proceeds of corruption. 

The corrupt activities took place in Kenya where Windward's beneficial owner, Samuel Gichuru, was resident. During the period of indictment, Mr Gichuru was also the Chief Executive the Kenyan Government's electricity utility company; Kenya Power and Lighting Company.

In 2017, Senator Gorst, then Chief Minister, signed a signed a preliminary deal pledging the return of the stolen cash.

Signing preliminary asset sharing agreement w @KeTreasury Principal Sec. Dr Kamau Thugge, following Gichuru/Windward Trading confiscation pic.twitter.com/RyN7VmdhCB

— Senator Ian Gorst (@Ian_Gorst) March 4, 2017

In 2018, the Council of Ministers then allowed the External Relations Department to engage with the Government of Kenya on the idea of a full Asset Sharing Agreement with the country.

Now, the final stage of that engagement is imminent, whereby the Attorney General will sign the agreement.

There had previously been calls for the money to be used on getting more Kenyans to the polls when it is eventually returned, but a report accompanying Senator Gorst's latest Ministerial decision has suggested that the money will instead be used to help the country combat the virus crisis.

Pictured: Attorney General Mark Temple will have to sign the agreement to release the funds back to Kenya.

A spokesperson for the Law Officers' Department said: “While the Ministerial Decision has been signed in order to prepare for the release of funds, the Asset Recovery Agreement has not yet been finalised and no funds will be made available until the agreement is signed by the Attorney General and the Kenyan authorities.  

“There will not be any further comment on the agreement until the signing has taken place.”