Suspect Facing Extradition to US on Money Laundering Charges Battles for Freedom

File photo of Milimani Law Courts in Nairobi
File photo of Milimani Law Courts in Nairobi.
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Judiciary of Kenya

A man facing money laundering and other charges in the US on Monday, May 15 appealed to the Court to stop his extradition.

He argued that the High Court ruled unjustly allowing him to be extradited to the United States.

The High Court granted the man 20 days to enable him to challenge the decision at the Court of Appeal.

"Pending the lodging, hearing, and determination of the Applicant (suspect) intended to appeal, there be stay restraining the Respondent (Republic) from returning and or permitting or authorising the extradition of the applicant to the United States of America," read part of the court documents.

A photo of the Judiciary offices located in Nairobi.
A photo of the Judiciary offices located in Nairobi.
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Kenya Judiciary

The suspect argued that the High Court judge did not consider the contention that the extradition bundle did not include the extradition request without which, no extradition proceedings could stand.

He further argued that the High Court treated the matter as a revision when it was a substantive appeal (outline specific arguments in relation to the ruling being appealed).

He added that judge did not appreciate that the trial court adopted a procedure on submissions that were not legally tenable during the proceedings and denied him his rights to a fair trial which was in violation of his constitutional rights.

However, the court argued that the term 'revision' was erroneously added in the ruling.

Other charges the suspect is facing in the US include conspiracy to commit wire fraud in violation of Title 18, United States Code (USC) Section 1349, and aggravated identity theft in violation of Title 18 USC Section 1028A (a)(1) and 2(a).

On hearing the case, the Court of Appeal handed the man a sigh of relief after halting his extradition.

"In the circumstances, the applicant has satisfied the two threshold requirements under rule 5 (2) (b) of this Court’s rules, the Notice of Motion dated 9th December 2022 is merited and is allowed. Costs in the intended appeal," judges at the Court of Appeal ruled.

A photo of an empty courtroom in the United States
A photo of an empty courtroom in the United States
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Court House News Service
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