By Dorothy Musyoka
A magistrate court in Nairobi has approved a prosecution application seeking extradition orders against Kevin Kang’ethe, who is facing first-degree murder charges in the United States.
According to the Office of the Director of Public Prosecutions (ODPP) Chief Magistrate Hon. Lucas Onyina ruled that Kang’ethe be extradited to the Chelsea District Court in Suffolk County, Massachusetts, USA, for the alleged offence of first-degree murder under Massachusetts General Law (G.L), chapter 265, section 1.
Hon. Onyina noted that the prosecution presented sufficient factual and legal grounds to justify the extradition, citing the Extradition Treaty between Kenya and the United States.
“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,” said Hon.Onyina.
The court determined that the evidence provided established a significant link between Kang’ethe and the first-degree murder charge.
“The court also found that the material placed before it established a sufficient link between the Respondent and the offence of First-Degree Murder,” the ODPP stated.
According to an affidavit by Senior Prosecution Counsel Magdalene Nduati, the ODPP received a formal extradition request from the USA on January 31, 2024, following the alleged murder of Margaret Mbitu in Massachusetts between October 30 and November 1, 2023.
“In an affidavit filed by Senior Prosecution Counsel Magdalene Nduati, the ODPP on 31 January 2024 received a formal request from the USA through the Central Authority, the office of the Attorney General and Department of Justice, United States of America for the arrest and extradition of the respondent to USA,” explained the ODPP.
Kang’ethe was apprehended on January 30, 2024, in Parklands, Nairobi County.
The prosecution team included the head of International Cooperation, Mutual Legal Assistance, and Extradition, Senior Assistant Director of Public Prosecution Mr. Vincent Monda, alongside Ms. Njoki Kihara (PPC), Mr. J V Owiti (PPC), Ms. Magdalene Nduati (SPC), and Ms. Fatma Shaban (PC).