President William Ruto's Cabinet on Tuesday, March 21 approved a deal between Kenya, China and Italy, that will allow the extradition of lawbreakers.
In a four-page despatch, the Cabinet approved the Extradition Treaties between Kenya and the two countries in a bid to promote judicial cooperation.
"Kenyans who run afoul of the law in the two nations can be extradited for purpose of carrying out criminal proceedings or executing final custodial sentence in Kenya," the despatch read in part.
In addition, Kenyans who commit crimes in Italy and seek asylum in Italy or China and travel back to the country will also be extradited to face the law in the respective country.
On the flip side, the government can also call for the Chinese and Italian governments to surrender citizens of their countries who commit offences and are charged in a court of law.
The resolve came barely a week after President Ruto hosted Italian Head of State President Sergio Mattarella at State House, Nairobi, for bilateral talks.
The Constitution allows for the extradition of criminals under the Extradition (Contiguous and Foreign Countries) Act.
"A requisition for the surrender of a fugitive criminal of any country who is in or suspected of being in Kenya shall be made to the Cabinet Secretary (CS) by a diplomatic representative or consular officer of that country," Part V of the act reads in part.
Upon receiving a request, a CS may, by order under his hand, signify to a magistrate that a requisition has been made and require the magistrate to issue his warrant for the arrest and detention of the fugitive criminal.
A magistrate will then consider the request and upon review of the evidence tabled before him, decide whether or not to issue a warrant of arrest.
In addition, a magistrate who has jurisdiction can also approve a warrant issued in a foreign country if the accused committed an offence punishable by law and is suspected to be in Kenya.
"An endorsement of a warrant shall be signed by the magistrate and shall authorize all or any of the persons named in the endorsement and every police officer to execute the warrant by arresting the person named in it and bringing him before a magistrate," Part 12 of the Act reads.
Kenya has many a time partnered with enforcement agencies of other countries to extradite criminals to face the law for crimes they committed.
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