Special prosecutor for Swiss envoy in Anglo Leasing row

The Swiss government has appointed a special prosecutor to conduct criminal investigations on its former top diplomat in Nairobi entangled in an alleged bribery scheme involving billionaire businessman Deepak Kamani during the envoy’s five-year stint in Kenya.

The Switzerland Attorney-General’s office has appointed Eric Cottier to shepherd investigations of former Swiss ambassador to Kenya Jacques Pitteloud on claims that he solicited a bribe from the Kenyan businessman.

Mr Kamani has claimed in court papers filed in Kenyan and Swiss courts that Mr Pitteloud tried to extort money from him at his Nairobi Kyuna residence in May last year.

In his suit papers, the tycoon attached copies of text messages between him and Mr Pitteloud, alleging that the Swiss ambassador threatened to initiate money laundering investigations against him if he did not produce the Sh5.5 billion he was asking for.

“The investigation entrusted to the prosecutor Eric Cottier will need to examine the merits of the charges brought by two nationals in Kenya against Jacques Pitteloud,” said a Swiss newspaper.

“The decision falls a month after the public prosecutor had refused, in order to avoid any risk of partiality, comment on the accusations against the ambassador, and requested the appointment of a special prosecutor.”

The appointment of Mr Cottier—a top Swiss court official who has handled mega crimes over the decades—sets the stage for a legal process that will reveal what top Kenyan top State officials knew about the alleged Sh5.5 billion settlement. 

Mr Pitteloud has claimed that top State officials knew about an alleged Sh5 billion settlement and maintains that the payment was not a bribe, but intended to be an official plea-bargain settlement with the controversial businessman. 

READ: Kamani sues Swiss envoy in extortion claim

He claims the deal was agreed by the two states and presented to Mr Kamani as a proposed settlement for Anglo Leasing proceeds in exchange of dropping his prosecution.

Attorney-General Githu Muigai distanced himself from the claims, saying settlements are not handled by his docket.

The Ethics and Anti-Corruption Commission (EACC) deputy chief executive Michael Mubea, however, admitted knowledge of the supposed deal.

Swiss Attorney General’s office and that of Federal Prosecutor’s office have denied that the former Swiss ambassador was acting on their behalf on the Kamani settlement.

Mr Kamani together with seven top ex-government officials have been charged in connection with multibillion shilling security tender that the government has termed irregular.

Last May, the Kamani brothers filed a complaint before the Swiss Federal Prosecutor, claiming Mr Pitteloud attempted to force them into giving him the money in exchange for the case being dropped.

READ: Ex-Swiss envoy to be probed after Anglo Leasing bribery claim

On June 29, the Swiss Federal Criminal Court ordered that the diplomat be investigated for the alleged crime, leading to the appointment of the special prosecutor on November 15.

“Pitteloud intervened without having received a mandate from the Swiss authorities to do so. This intervention is also illegal,” the Swiss Federal Criminal Court ruled on June 29.

According to court documents, the May 29, 2014 text message from Mr pitteloud to Mr Kamani said: “My partners have agreed to hold their horses until Tuesday, which gives enough time to properly assess the situation.”

Another text, talking of a settlement deadline and a final one came on June 3, 2014: “I am seeing my friends this afternoon and they have already been pushing me to get your answers as soon as possible. They seem eager to start their option, which I personally would regret very much. When can I expect your move?”