The Office of the Director of Public Prosecution (ODPP) has strongly opposed the release of murder suspect Kevin Kang’ethe on bail/bond pending the hearing and determination of extradition application.

Tabling its submissions before Milimani Law Courts Chief Magistrate Lucas Onyina in Nairobi, the prosecution — through counsels Vincent Monda and Magdaline Nduati — presented six compelling reasons to justify their opposition to bail/bond.

One of the reasons, prosecution argued, is that Kang’ethe was a flight risk, noting that he fled the United States of America immediately after allegedly committing the offence leading to a court issuing a warrant of arrest against him, as well as a red alert raised by Interpol.

Second, prosecution told the court that the nature and seriousness of the offence committed (First Degree Murder) and the likely punishment (Life Imprisonment) to be meted if found guilty warranted the suspect to be denied bail/bond.

Kevin Kang’ethe escaping from police station

Monda and Nduati further argued that the conduct of the respondent — who at the time of committing the offence was a resident of the U.S — but immediately fled the jurisdiction to Kenya with a view to avoid arrest is questionable.

“This conduct of having left the USA without a bona fide reason portrays that of a guilty mind,” they argued.

Further, the prosecution argued that the circumstances and status of Kevin Kang’ethe changed, and is now a fugitive criminal pursuant to Section 2 of the extradition (Contiguous and foreign countries) act CAP 76 as he has formally been indicted in the US.

Kenya having ratified extradition treaty with the US, prosecution told the court that it is obligated under the national interests and international obligations to provide any assistance whenever needed and such a case falls under the category, thus the need to deny bond and facilitate his extradition to face trial in the US.

The totality of facts and circumstances are that the respondent at the time of his arrest was found to be in possession of the victim’s driving license, Bank of America debit card and Capital one Visa card, with prosecution noting that the doctrine of recent possession places the respondent at the scene of crime.

Prosecution concluded by telling the court that all facts presented are enough justified reasons against the release of the respondent on bail pending hearing and determination of the matter.

Kevin Kangethe is facing an extradition to the United States to face charges of first degree murder at the Chelsea District Court in the states of Massachusetts.

The ruling on the application will be delivered on 18th April, 2024.