Court

Third Bail Plea Rejected for Ex-Councillor Who Claims Kenyan 'Fraud' Extradition is 'Politically Motivated'
Thur 13th Aug 2015, Yellow Advertiser

A FORMER Basildon councillor fighting extradition to Kenya has been denied bail for the third time.

Daniel Munyambu, 41, appeared at Westminster Magistrates Court today to request his release from Wandsworth Prison, where he has been remanded since June 10.

Kenyan authorities claim Mr Munyambu is a ‘fugitive from justice’, claiming he fled the country after being arrested over claims he used a company in Basildon to defraud a Kenyan resident.

However, Mr Munyambu’s barrister said his client believed the extradition attempt was ‘politically motivated’.

Judge Robin McPhee today said he had not formed an opinion on whether the charges were political, but refused bail, saying he was not satisfied the ex-councillor would not flee if released.

Defence barrister Lewis MacDonald told the court Mr Munyambu, a British resident since 2006, was in Kenya for a political campaign when police first arrested him.

He said: “In 2012 he was in Kenya helping to campaign for the now current Prime Minister. He was in newspapers and on television. His understanding from the police was that this case was brought as a result of pressure from the director of public prosecutions.”

Mr MacDonald claimed his client had not fled Kenya, but in fact left with a judge’s permission.

He said: “In May 2012 he was contacted by the judge in his case. He said he could get him his passport back on the condition he left the country within two days... In short, the defendant does not accept that he is a fugitive from justice.”

Mr Munyambu returned to the UK and continued serving as a Labour member on Basildon Council, to which he was elected in 2011.

He became an independent in 2014 and stood down in May 2015. He stood as an independent parliamentary candidate in Thurrock in 2015, but secured only 79 votes.

The Kenyan authorities have now sought his extradition for trial, claiming he ‘conspired with others to exchange the passport that was held at the court for another one’, before fleeing the country.

However, Mr MacDonald claimed Mr Munyambu’s story was supported by his actions upon returning to the UK, which included giving a ‘full account’ of the incident to a police officer at the airport when he landed.

He continued: “He contacted Essex Police immediately, regarding his personal safety. He was allocated an officer as a point of contact. He gave interviews in the local media. Those reports included his whereabouts in the UK. The UK authorities have always known his whereabouts. He applied for and received a British passport in 2012.

“In short, in my submission, for someone alleged to be a fugitive, he has done anything and everything to draw attention to his whereabouts.”

Mr MacDonald said despite Mr Munaymbu’s whereabouts being widely available, the Kenyan authorities had only recently instigated extradition proceedings, after a politician signed a form nominating him as a candidate to become Kenyan Prime Minister.

He told the court: “Then defendant says it is notable in this case that the original charges arose at the time he was campaigning and extradition has been left until now. It is very much the defendant’s view that the proceedings in Kenya are politically motivated.”

Mr MacDonald said the alleged offences for which Mr Munyambu is wanted, which involved a dispute over a car he was supposed to ship to Kenya, were a civil matter.

The charges relate to a former car export business, Clickett Traders Ltd, owned by Mr Munyambu.

Mr MacDonald said: “In my submission this is a case that could have been dealt with by way of civil proceedings and in fact there are civil proceedings ongoing. This is a company that is registered in the UK since 2007. From 2007, all the customers received the cars without incident, except this one.”

In order to secure today’s bail hearing Mr Munyambu’s solicitor Renata Pinter told the court earlier this month that the defence had raised a £5,000 security, which would amount to a ‘change in circumstances’, as Mr Munyambu had previously only offered £1,000.

However, once in court Mr MacDonald said Mr Munyambu had only raised £2,000. Judge McPhee said he did not believe the new amount qualified as a ‘change in circumstances’.

Mr MacDonald said Mr Munyambu would agree to numerous bail conditions, including wearing an electronic tag, observing a curfew and regularly attending a police station.

However, the judge refused bail, commenting: “It’s clear he doesn’t want to return to Kenya. It’s clear he fears a return to Kenya. There aren’t conditions of bail that I can imagine would secure his attendance in court.”

Miss Pinter said Mr Munyambu’s next step would be to seek bail at the High Court.

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