The Director of Public Prosecution (DPP) has secured a win against the appeal in the Nairobi High Court filed by an Afghan national, Abdul Zahir Qadeer.
According to the DDP, the Afghan national had been declared wanted in America on drug-related charges.
The appeal in the Nairobi High Court by Abdul Zahir Qadeer followed the magistrate’s court order regarding the surrender and extradition of the Afghan national to the United States of America.
“The Director of Public Prosecution has successfully challenged an appeal filed in the Nairobi High Court by an Afghan national wanted in America to face drug-related charges,” read part of the statement from the Office of the Director of Public Prosecutions (ODPP).
Under the Article 6 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988, the DPP argued that Kenya could extradite Abdul.
Justice Alexander Muteti dismissed the appeal by Abdul Zahir Qadeer, basing it on the argument by the DPP on Article 6 of the United Nations Convention.
Despite Kenya and the United States of America having no bilateral treaty, the Article gives Kenya the power to extradite Abdul Zahir Qadeer.
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Court Ruling
In the ruling, Justice Alexander Muteti noted 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,” Justice Muteti ruled.
Additionally, the court noted that since Kenya has no intention of prosecuting Abdul in this country, it is in the public interest and consistent with the principles of reciprocity for Kenya to allow the extradition of the appellant.
Further, the court explained that the suspect was arrested pursuant to an Extradition request made by the United States of America to the Government of Kenya.
Charges Against Abdul Zahir Qadeer
The Afghan national is facing charges of conspiracy to import narcotics under Title 21 of the United States Code, Section 963
Abdul Zahir Qadeer is being charged with possession of machine guns and destructive devices and conspiracy to possess machine guns and destructive devices.
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DPP on Extradition Process
According to the DPP, the extradition process begins when a request is submitted through the Central Authority and diplomatic channels.
Upon receiving the request, the DPP verifies the legal basis and statutory compliance of the request, and a provisional arrest through the INTERPOL communication is made upon verification, where necessary.
A presentation of the extradition is made to a Magistrate’s court, and an extradition hearing is held to determine the statutory and treaty conditions.
The court issues a committal order after consideration of the mandatory and discretionary bars, with the court allowing for the appeal of the committal order.
A surrender and transfer order is then issued by the Central Authority to carry out the extradition.
