A Nairobi court has approved the extradition of Kevin Kang'ethe to the United States to stand trial for the alleged murder of Margaret Mbitu. On Wednesday, Milimani Chief Magistrate Lucas Onyina ruled that the charges against Kang'ethe meet the necessary legal standards for extradition.
In his decision, Onyina noted that the evidence presented sufficiently demonstrated a connection between Kang'ethe and the alleged first-degree murder. However, he clarified that the court’s role is not to determine Kang'ethe’s guilt or innocence—that will be the responsibility of the trial court in the U.S.
"The trial court in the U.S. will handle the determination of guilt," Onyina stated. "Our duty in these extradition proceedings is to establish whether the extradition request is valid."
The court ruled that there are valid reasons to extradite Kang'ethe to the United States, where he faces charges under Massachusetts General Laws, Chapter 265, Section 1. The ruling stated that Kang'ethe is to be extradited to face these charges, as outlined in Case No. 23 CR-2559 in the District Court in Chelsea, Massachusetts.
Two weeks prior, the Director of Public Prosecutions (DPP) had requested the court’s permission to extradite Kang'ethe. Prosecution Counsel Vincent Monda explained that his role was to confirm the existence of a link between the fugitive and the alleged crime.
Monda highlighted that when Kang'ethe was arrested, he was found with items belonging to the victim, including Margaret’s driving license, a Bank of America debit card, and a Visa card. These items, detailed in an inventory, indicated a connection between Kang'ethe and the deceased.
Monda emphasized that the magistrate’s task was to verify the connection, not to evaluate the merits of the charges. "The determination of guilt will occur in a trial," he said. Based on the evidence, Monda urged the court to approve the Massachusetts warrant and confirmed that the facts presented established a link between Kang'ethe and the alleged crime.
