Nairobi court approves extradition of murder suspect Kelvin Kangethe to the US
By Joseph Ndunda |
Chief Magistrate Lucas Onyina said that Kangethe can't be tried in Kenya for the offence he allegedly committed in the USA.
A Nairobi court has allowed the state to carry out the extradition of murder suspect Kevin Kangethe wanted in the United States for the murder of his lover.
Chief Magistrate Lucas Onyina of the Milimani law courts said that Kangethe should be handed over to US authorities to be tried for the same in the jurisdiction where he is alleged to have committed the offence.
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Onyina said the warrant of arrest issued against the suspect, the extradition request and the authority to proceed, all indicated that Kangethe is sought to be extradited to the US to face trial for an alleged offence of murder of first degree.
The magistrate said there was sufficient evidence that the alleged offence was wholly committed outside Kenya.
"There are established reasons to justify the surrender of the respondent (Kangethe) to the United States to face trial for the offence of first-degree murder in violation of the Massachusetts General Law, Chapter 26, section 1," stated Onyina.
"Any item found in possession of the respondent (Kangethe) at the time of his arrest shall be handled in accordance with the relevant provisions of the law, and those that form part of the evidence be handed over to the requesting state as required and proper inventory be maintained," stated Onyina.
However, the state agencies involved in the extradition exercise including the National Intelligence Service (NIS), Directorate of Criminal Investigations (DCI) The Immigration Department and the Ministries of Interior and Foreign Affairs might have to wait for Kangethe to appeal the court's verdict at the high court before carrying out the extradition.
The Office of the Director of Public Prosecutions had sought to have the suspect handed over to the US for trial for the murder and Onyina said there is no indication that the offence that Kangethe is sought to be surrendered to the US for is of political character. The suspect had objected to the application.
"From material before the court, there is no doubt murder is an offence both in Kenya and the US, and the description of the offence in both jurisdictions need to be a copy-cut replica of each other. I therefore agree with the applicant's (ODPP) submissions that the dual criminality test has been met," Onyina stated.
"The magistrate said some of the documents placed before the court as exhibits during the extradition proceedings clearly establish the link between Kangethe and the offence of first-degree murder he is alleged to have committed while in the US before fleeing to Kenya 'and these allegations remain unchallenged to this stage".
He will be handed over to the US together with the items recovered at the time of his arrest which could be part of evidence in the case against him.
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