Kenya’s Office of the Director of Public Prosecutions (DPP) has secured a major legal victory after the High Court of Kenya dismissed an appeal by an Afghan national challenging his extradition to the United States.
Abdul Zahir Qadeer had moved to court seeking to overturn a magistrate’s decision that approved his extradition to the United States of America, where he is wanted on multiple drug-related charges.
However, in a ruling delivered by Justice Alexander Muteti, the court upheld the extradition order, siding with the DPP’s arguments.
DPP wins extradition case as Afghan national faces US drug charges. Photo: Courtesy.
The prosecution maintained that despite the absence of a bilateral extradition treaty between Kenya and the United States, the process was legally grounded under Article 6 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
Justice Muteti agreed, stating that there exists a sufficient legal framework to facilitate the extradition.
In his judgment, the court emphasized that granting the request aligns with the principles of international cooperation and reciprocity.
He further noted there was no evidence suggesting that Qadeer would face discrimination, persecution, or torture based on race, religion, nationality, or political opinion.
The court also underscored that Kenya has no intention of prosecuting the suspect locally, making extradition the appropriate course of action.
Qadeer was arrested following a formal request by U.S. authorities and is expected to be surrendered to face charges including narcotics importation conspiracy and offences related to possession of prohibited weapons.
