The Office Director of Public Prosecutions intends to file an application opposing the release of Kenyan suspect Kevin Adam Kinyanjui Kang'ethe on bail pending the extradition proceedings.
Led by Prosecution Counsel Vincent Monda, the DPP told Milimani Chief Magistrate Lucas Onyina that they will file the affidavit opposing his release on bail and bond terms, by the close of business on Thursday.
He stated that the proceeding would be procedural if the suspect stayed bound by the orders issued by Milimani Senior Principal Magistrate Zainabu Abdul on Wednesday.
The court directed that Kang'ethe be detained for 30 days at Muthaiga Police Station. He will remain in custody until March 4.
The DPP moved to court on Thursday for extradition proceedings after receiving a formal extradition request from the US.
During the mention, Monda also requested directions on how the process will proceed.
He said Kang'ethe is wanted at a court in Massachusetts in the US and that there is a warrant of arrest issued on November 2, 2023.
The prosecutor requested that the Kenyan court endorse the said warrant of arrest and afterwards issue directions on the manner of proceedings in the extradition matter.
The counsels representing Kang'ethe however opposed the pending affidavit, arguing that the DPP is seeking to hold the suspect indefinitely disregarding his rights.
They argued that Wednesday’s proceedings should not be confused with Thursday’s, stating that there were all rights to make bail applications in the extradition matter.
They also sought directions on how the matter of surrendering the accused to the US would proceed.
“Your Honor I think it is neat, orderly and equally procedural to take direction on how to proceed. We request for the directions,” Respondent Counsel Kago said.
He also sought time to respond to the application by the DPP and to reply to the affidavit.
The court allowed the time sought by the parties, directing the prosecution to put in the affidavit opposing bond by the end of business today, February 1, and serve it to the respondents.
The respondents are to reply to the same by the end of Friday and reply to the application by the DPP within the next three days.
"Directions on the manner of disposal on the notice of motion shall be given on Monday, February 5, 2024. The bond issue will also be decided then, "Magistrate Onyina directed.
In the case, it is alleged that the suspect stabbed his girlfriend Margaret Mbitu severally in the face and neck, before locking her up in a vehicle in a parking garage at Boston Logan International Airport.
He then fled to Kenya through the Jomo Kenyatta International Airport (JKIA) and went into hiding before he was arrested on January 30, 2024, in Parkland, Nairobi.