Inside Extradition: Unraveling the Process
The United States of America has issued a warrant for Kang’ethe in connection with the suspected homicide of his girlfriend, Margaret Mbitu, occurring on October 31, 2023.
It is thought that he stabbed her repeatedly in the face and neck, then abandoned her in a secured vehicle within a parking facility at Boston Logan International Airport before escaping from the United States.
But what exactly is extradition, and what is the process?
Extradition is the legal procedure by which a nation hands over an alleged or convicted offender to another country to face a trial or serve a punishment.
Process of extradition
As per the Extradition (Contagious and Foreign Countries) Act, the country seeking extradition, such as the United States of America, must submit a formal request via diplomatic channels.
Kang’Ethe’s situation involves the Director of Public Prosecutions (DPP) receiving the official extradition request on January 31st from the United States. The request came through the Office of the Attorney General and Department of Justice, specifically from the Office of International Affairs within the Criminal Division of the US Department of Justice. The purpose of the request is to seek the arrest and extradition of Kang’Ethe.
Additionally, the legislation stipulates that the extradition request must contain pertinent legal documents to substantiate the request.
These will include details of the charges and evidence, among others.
Upon the US request for surrender, Kenya was informed that the individual was sought by the Chelsea District Court in Suffolk County, Massachusetts, USA. The charges pertain to an alleged first-degree murder violation of Massachusetts General Law (G.L), chapter (c) 265, section 1, under the laws of the United States of America.
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On November 2, a warrant for arrest was issued following the discovery of Margaret’s body in a car within the Central Parking garage at Boston’s Logan Airport the preceding night by the Massachusetts State Police.
On the issue of an arrest warrant, the Extradition (Contagious and Foreign Countries) Act Part II 6(5) states that “The warrant of a magistrate issued in pursuance of this Part of this Act may be executed in any part of Kenya in the same manner as if it had been originally issued or subsequently endorsed by a magistrate having jurisdiction in the place where it is executed”.
In November 2023, Kenyan investigators were tasked with apprehending Kang’ethe at the request of US authorities, who accused him of murdering in Massachusetts.
He is scheduled to be taken into custody on Tuesday, January 30, 2024, within the Parklands area of Westlands, Nairobi County.
Returning to the matter of documentation: once the formal extradition request is received, the Attorney General must carefully examine it to verify compliance with all legal requirements.
Court proceedings
If the Attorney General approves, the extradition case is presented before the court, as Kang’ethe’s was.
Following this, the court is anticipated to move forward with the examination of evidence and the consideration of legal elements related to the case.
Part II 7 of the Extradition (Contagious and Foreign Countries) Act observes that:
“(1) When a fugitive criminal is brought before a magistrate, the magistrate shall hear the case in the same manner and have the same jurisdiction and powers, as nearly as may be, as in a trial before a subordinate court”.
“(2) The magistrate shall receive any evidence which may be tendered to show that the case is one to which the relevant provisions of section 16 apply or that the crime of which the prisoner is accused is not an extradition crime.”
If the accused is ultimately found guilty, the judge will instruct them to send them to prison; otherwise, they will be directed to be released.
Extradition Order
If the court finds the request valid, it issues an extradition order.
Afterward, it forwards the document to the Cabinet Secretary of Foreign Affairs for ultimate approval.
Surrender
Once approved, the person surrenders to the requesting country.
If the accused is found guilty and is serving a sentence according to the legislation, he must be notified that surrender will not occur until 15 days have passed, and he retains the right to seek directions similar to a habeas corpus petition.
Habeas corpus is a legal directive that individuals can request from a court to secure prompt release from unjust imprisonment, particularly if the confinement took place in a manner that infringed upon the individual’s constitutional rights.
The legislation specifies that after the lapse of 15 days or upon the issuance of habeas corpus-like instructions, the extradition of the fleeing criminal must take place accordingly.
If the individual fails to surrender within two months following commitment, Part II (10) of the Act specifies that…
“Whenever a fugitive criminal who has been committed to prison is not surrendered and conveyed out of Kenya within two months after the committal, or if directions like habeas corpus are issued, after the decision of the court upon the return to the directions, any judge of the High Court may—(a) upon application made to him by or on behalf of the criminal; and (b) upon proof that reasonable notice of the intention to make the application has been given to the Minister, order the criminal to be discharged out of custody unless sufficient cause is shown to the contrary.”
Inside Extradition: Unraveling the Process
