A magistrate court in Nairobi has allowed application filed by prosecution seeking for extradition orders against Kevin Kang’ethe who is facing first degree murder in U.S.
Chief Magistrate Lucas Onyina ruled that the respondent be extradited to the U.S to face charges in the Chelsea District Court in the County of Suffolk, Commonwealth of Massachusetts, for the prosecution of an alleged offence of First-Degree Murder, in violation of Massachusetts General Law (G.L), chapter (c) 265, section 1 under the laws of the USA.
Magistrate Onyina stated that prosecution had adduced sufficient factual and legal basis to warrant the extradition of respondent due to existence of the Extradition Treaty between the Republic of Kenya and United States of America.
“In addition, the court found that there was no restriction to the surrender of the Respondent to the United States of America because the Offence with which he is alleged to have committed is neither political in nature nor motivated by tribe,” noted Onyina.
The court also found that the material placed before it established a sufficient link between the respondent and the offence of First-Degree Murder.
In an affidavit filed by Senior Prosecution Counsel Magdalene Nduati, the ODPP on 31 January 2024 received a formal request from the U.S through the Central Authority, the office of the Attorney General and Department of Justice, U.S for the arrest and extradition of the respondent to U.S.
It is alleged that Kang’ethe murdered Margaret Mbitu in Massachusetts, United States of America (USA) between October 30 and November 1, 2023. He was arrested on January 30, 2024, within Parklands in Westlands, Nairobi County.
The case was prosecuted by the head of International Cooperation, Mutual legal Assistance and Extradition Division, Senior Assistant of Director of Public Prosecution Vincent Monda, Ms. Njoki Kihara (PPC), Mr. J V Owiti (PPC), Ms. Magdalene Nduati (SPC), Ms. Fatma Shaban (PC).
