It is a respite for Abdulrahman Imraan Juma, who was set to be extradited to the United States on suspicion of money laundering. It comes after the Court of Appeals temporarily halted the High Court's verdict awaiting his appeal.
"The applicant having 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," the Court of Appeal ruled.
The Court of Appeals further stated that if the applicant's extradition is imminent, and if it occurs, the pending appeal will be overtaken by events and declared nugatory if it succeeds.
Imraan Juma petitioned the Court of Appeals for a stay of execution, claiming that he learned the judge considered the case before him as a revision rather than a substantive appeal.
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He further claimed that the judge failed to see that the trial court used procedure eight on submissions that were not legally tenable during the trial and denied him his constitutional right to a fair trial.
"The judge did not consider the contention that the extradition bundle did not even contain the extradition request, without which the extradition proceedings were irregular; that the judge misdirected himself by failing to have regard to the very clear and explicit provisions of section 7 of the Extradition (Contiguous & Foreign Countries) Act, Cap 76, which sets out the proper procedures to be followed, but which were not followed," he argued.
Juma is accused of being a member of a multinational gang that plans to commit wire fraud and aggravated identity theft by preying on unwary business owners needing credit.
He faces up to 61 counts of laundering funds, conspiracy to commit wire fraud.
According to records filed by the DPP in Nairobi, Juma and his friends preyed on businesspeople in the United States and Qatar, convincing them they could make multimillion-dollar loans.
The fugitive is suspected of collaborating with Nigerian influencer Ramon Abbas, also known as Hushpuppi, to defraud the founder of a Qatari school.