Kenyan prosecutors have achieved a legal triumph as the High Court approved the extradition of an Afghan national sought by the United States on drug-related charges.
The case concerned Abdul Zahir Qadeer, who had appealed against a magistrate court ruling that mandated his handover to American authorities to confront several criminal accusations.
Justice Alexander Muteti’s verdict rejected Qadeer’s appeal, clearing his transfer to the US. The Office of the Director of Public Prosecutions had contested the appeal, asserting that international legal mechanisms permit cooperation without an extradition treaty.
The prosecution based its case on articles from the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances from 1988.
‘The requested cooperation from the USA in this case is legally permissible, and refusing it would contradict the principle of international cooperation,’ the court determined.
Justice Muteti additionally stated that no proof existed indicating the defendant would encounter prejudice or ill-treatment if extradited.
‘There is no indication that the appellant could face prosecution or punishment based on his race, religion, nationality, or political views, or be subjected to torture,’ he declared.
The court also recognized that extradition served the public good and demonstrated mutual assistance between nations in addressing cross-border criminal activities.
‘The court concludes that it is in the public interest and consistent with international reciprocity for Kenya to permit the appellant’s extradition,’ the judge emphasized.
Qadeer faces charges in the US including conspiracy to import narcotics, possession of firearms and explosive devices, and related offenses under American federal statutes.
With the ruling, he is scheduled to be handed over to US officials to stand trial.