The release of murder suspect Kevin Kangethe on bond pending an extradition hearing before Chief Magistrate Lucas Onyina of Milimani Law Courts has been opposed by the Office of the Director of Public Prosecutions (ODPP).
The prosecution, represented by Vincent Monda and Magdaline Nduati, claims that several problems make it challenging to post bail for the suspect.
Kangethe's quick departure from the US after the alleged offense, which prompted an Interpol red alert and an arrest warrant issued by a US court, was used by the prosecution to highlight his status as a flight risk.
They also emphasized the seriousness of the first-degree murder charge Kangethe faces and the harsh penalties he might get, like life in jail without the possibility of release.
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The prosecution claims that Kangethe's actions, which included leaving the country without a proper explanation right after the alleged offense, demonstrate a guilty mental state. The court was made aware of these actions.
The prosecution also asserted that, due to Kangethe's indictment in the United States, his legal status had changed to that of a fugitive criminal under Section 2 of the Extradition (Contiguous and Foreign Countries) Act CAP 76.
According to the prosecution, denying bail or bond would facilitate Kangethe's extradition to the United States for trial.
Under the theory of recent possession, the prosecution also presented proof of Kangethe's presence at the crime scene, including the victim's bank cards and driver's license.
Chief Magistrate Onyina is scheduled to rule on this application at the Milimani Law Courts on April 18, 2024.
