The Director of Public Prosecutions (DPP) has today urged a Milimani court to grant their request and order the surrender of Kevin Kang'ethe to face trial in the USA over the alleged murder of Margaret Mbitu.
Prosecution Counsel Vincent Monda told Chief Magistrate Lucas Onyina that his mandate is to only ascertain that a link existed between '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.
"This is important cause the doctrine of recent possession can be applied in circumstances of this case."
Monda said the items not only affirm the link but point to the fact that Kang'ethe and the deceased were in contact.
Monda in demonstrating the legal basis for the extradition said the offence of murder is listed as one of the crimes for which one can be extradited. He proceeded and set out at length the extradition treaty between Kenya and the USA.
"The offence of murder is both a crime in Kenya and USA. But in the USA it's classified as first-degree murder," said Monda.
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.
"DPP has laid a proper basis, followed the correct procedure and directed that Kang'ethe be surrendered to the USA for trial for the offence of murder in the first degree," he said
Kang'ethe on the other hand was given 14 more days to file his submissions in the court after it emerged his advocate was not present in court.
"Defence was given timelines to file a response to the DPPs application. It has been several months down the line and no response has been filed," Onyina said.
"In the interest of fairness and to allow the matter to progress, he is at liberty to file submissions within 14 days."
Kang'ethe had also sought escort to a financial institution in a bid to 'unlock and withdraw funds to facilitate the ongoing case.
Magistrate Onyina said the in-charge at Nairobi remans should assess his situation and make a decision on which financial institution to escort Kang'ethe.
The court will deliver a ruling on the DPP's application on July 31, 2024.