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Kenya signs extradition treaty with UAE

President William Ruto chairs a cabinet meeting at State Lodge, Kisumu on October 9, 2023. (Photo: PCS)

By Dennis Tarus | 10 Oct 2023

Persons who breach the criminal law in the other country shall be able to be extradited from the partner nation to the other jurisdiction to face criminal proceedings

The cabinet on Monday considered and approved extradition treaties with the United Arab Emirates and Mozambique.

As part of the treaty with the two other nations, persons who breach the criminal law in the other country shall be able to be extradited from the partner nation to the other jurisdiction to face criminal proceedings or to serve their final custodial sentences.

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"As our nation's diaspora population grows, and in an effort to ensure that any convicted offenders abroad are able to serve their sentences, at home where they are closer to the support of their families, cabinet approves the signing of the extradition Agreement between the Government of Kenya the Government of the UAE and the Government of the Republic of Mozambique," a cabinet despatch from State Lodge in Kisumu read in part.

Power of Mercy

During the meeting, the cabinet meeting chaired by President William Ruto also approved the Policy on the Power of Mercy to better promote the rehabilitation of offenders in a manner that doesn't imperil public safety or negate the concerns of the victims.

"The policy guidelines provide for the criteria for the exercise of the presidential prerogative of mercy as set out under Article 133 of the Constitution," the despatch read.

The prerogative is a special authority conferred upon the Head of State and Government that empowers the President to grant pardons or commutations of sentences to rehabilitated and deserving offenders.

The approval of the treaties comes barely seven months after similar agreements were signed between the governments of Kenya, China and Italy.

In March this year, Kenya endorsed treaties that would see Nairobi extradite its own citizens if they break the laws in China and Italy.

According to the cabinet, the treaties were aimed at "promoting effective judicial cooperation" between Kenya and the two countries.