The prosecution successfully challenged an appeal filed in the Nairobi High Court by an Afghan national wanted in America to face drug-related charges.
Abdul Zahir Qadeer had filed an appeal challenging a decision of the magistrate’s court ordering his extradition and surrender to the United States of America, where he is wanted in connection with the drug-related charges.
He had been arrested in Nairobi and faced extradition.
Justice Alexander Muteti dismissed Qadeer’s appeal after the Office of the Director of Public Prosecutions opposed the appeal, arguing that even though there is no bilateral treaty between Kenya and the USA allowing extradition of persons between the two states, Kenya could still extradite him based on Article 6 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988.
In his ruling, Justice Muteti noted that there is a sufficient legal basis for the appellant’s extradition to the USA to face trial and dismissed the appeal in its entirety.
“The cooperation that the USA seeks from Kenya in the instant matter is permissible in law, and it would be against the spirits of international cooperation to decline the request, yet words of the convention are expressed on matters of extradition absent of any evidence that the appellant may be subjected to prosecution and punishment on account of his race, religion, nationality, or political opinions or subjected to torture,” ruled Muteti.
The court further noted that it is in the public interest and in keeping with reciprocity that Kenya allows the extradition of the appellant, for there is no intention to prosecute him here.
The suspect was arrested pursuant to an Extradition request made to the Government of Kenya by the United States of America.
He is expected to be surrendered to the USA to face charges for the offences of narcotics importation conspiracy under 21 U.S.C. 963, possession of machine guns and destructive devices under 18 U.S.C. 924(C), and conspiracy to possess machine guns and destructive devices under 18 U.S.C. 924(O), for which he was formally charged.
Treasury Finalises Kenya Pipeline Privatisation, Retains 35% Stake
