A Nairobi court has ordered the extradition of Kevin Kang’ethe to the United States to face trial for the alleged murder of Margaret Mbitu.
The Director of Public Prosecutions (DPP) had petitioned the court to approve Kang’ethe’s extradition about two weeks ago.
Prosecution Counsel Vincent Monda informed Milimani Chief Magistrate Lucas Onyina that his task was to establish a link between the fugitive and the alleged crime.
Monda reported that during Kang’ethe’s arrest, authorities discovered items belonging to the deceased in his possession. These items included a driving license, a Bank of America debit card, and a Visa card belonging to Margaret Mbitu, all listed in an inventory.
“Obtaining such critical documents through direct contact shows the connection between Kang’ethe and the deceased,” Monda said.
He clarified that the Magistrate’s role was limited to verifying the connection between Kang’ethe and the alleged crime, not to assess the merits of the murder charge as argued by the fugitive.
“Determining the full facts of the case belongs to the trial court,” Monda added.
Based on this evidence, Monda urged the court to endorse the Massachusetts warrant for extradition, asserting that it clearly established Kang’ethe’s link to the crime.
Nairobi Court Ruling
On Wednesday, Milimani Chief Magistrate Lucas Onyina ruled that the murder charge against Kang’ethe meets the criteria for extradition.
The court found that the evidence establishes a clear link between Kang’ethe and the alleged first-degree murder. Magistrate Onyina emphasized that the court’s role in these proceedings is not to determine Kang’ethe’s guilt or innocence but to ascertain whether the extradition request meets legal requirements.
“Determining guilt or innocence is the responsibility of the trial court, not this court handling the extradition,” Onyina stated.
The ruling also affirmed that sufficient grounds exist to justify Kang’ethe’s extradition to the United States for trial under Massachusetts General Law, Chapter 265, Section 1.
“The application is therefore granted as requested. The Respondent is ordered to be removed from Kenya and extradited to the United States to face charges of alleged first-degree murder, in violation of Massachusetts General Law, Chapter 265, Section 1. This charge was formally filed against him in Case No. 23 CR-2559 in the District Court in Chelsea, Massachusetts,” the magistrate ruled.
