Kevin Kang’ethe rearraigned at Milimani Law Courts before chief magistrate Lucas Onyina where he has been extradited to the US to face murder charges of Margaret Mbitu at Milimani Law Courts./DOUGLAS OKIDDY.....CLICK HERE TO READ THE FULL ARTICLE>>>
A Nairobi court has ordered the extradition of Kevin Kang’ethe to face trial in the USA over the alleged murder of Margaret Mbitu.
Milimani chief magistrate Lucas Onyina in his ruling on Wednesday found that the alleged offence of murder to which the Extradition Request and the Authority to Proceed relate meets the list test.
The court further said the material laid before the court established a link between Kang’ethe and the alleged offence of first-degree murder, and the court, not being a trial court, is not mandated to conduct a trial to determine his guilt or otherwise.
“That will be the mandate of the trial court, not this court handling these extradition proceedings,” Onyina said.
The ruling further said there are established reasons to justify the surrender of the respondent to the United States to face trial for the offence of first-degree murder in violation of Massachusetts General Law, Chapter 265, section 1.
“The application is therefore allowed of prayer number 2, which specifically the Respondent is hereby ordered to be returned and/or conveyed out of Kenya and surrendered in the United States of America to face charges of the alleged first-degree murder in violation of Massachusettes General Law, Chapter 265, section 1, for which he was formally charged by criminal complaint in Case No, 23 CR-2559 in the District Court in Chelsea, Massachusett, s” the magistrate ruled.
Two weeks ago, the DPP had urged the court to permit them to surrender Kang’ethe for the murder.
Prosecution Counsel Vincent Monda told Magistrate Onyina that his mandate is to only ascertain that a link existed between the ‘fugitive criminal and the criminal incident’.
Monda said at the time Kang’ethe was arrested, he was found in possession of items belonging to the deceased.
Kang’ethe according to the prosecution had in his possession a driving licence belonging to Margaret as well as a debit card for Bank of America and a visa card.
These items are contained in an inventory.
“It’s only through contact that you can get such vital documents. This showed the link between Kang’ethe and the deceased,” Monda said.
He further explained that the Magistrate’s role is not to inquire into the merits of the charge but only to ascertain whether there is a link between Kang’ethe and the criminal incident.
“Full ascertainment belongs to the arena of a trial,” he said.
Based on this, he urged the court to endorse the Massachusetts warrant issued and subsequently found that the facts presented before the court showed that there was a link between Kang’ethe and the deceased…CONTINUE READING>>
