High Court Clears Path for Afghan Suspect’s Extradition to U.S. Over Drug Charges

The Director of Public Prosecutions (DPP) has secured a legal victory after the High Court in Nairobi dismissed an appeal that was filed by an Afghan national challenging his extradition to the United States to face drug-related charges.

Abdul Zahir Qadeer had initially moved to court seeking to overturn a decision by the magistrate’s court that had earlier ordered his extradition and surrender to U.S authorities.

He is wanted in the United States in connection with alleged narcotics-related offences.

In his ruling, Justice Alexander Muteti dismissed the appeal altogether, finding that there was a sufficient legal basis for Qadeer’s extradition to proceed.

Judge Ruling

“The cooperation that the USA seeks from Kenya in the instant matter is permissible in law, and it would be against the spirits of international cooperation to decline the request, yet words of the convention are expressed on matters of extradition absent of any evidence that the appellant may be subjected to prosecution and punishment on account of his race, religion, nationality, or political opinions or subjected to torture,” ruled Muteti.

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The prosecution relied on Article 6 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988), which allows cooperation between states in the prosecution of drug-related offences.

According To Law

The court agreed that the convention provides a valid legal foundation for extradition in the absence of a specific treaty.

Justice Muteti further noted that the request by the United States was consistent with principles of international cooperation and reciprocating criminal matters.

Muteti added that there was no evidence presented to suggest that the accused would be subjected to discrimination, torture, or prosecution based on race, religion, nationality, or political opinion.

Justice Muteti stated that declining the request would go against the spirit of international cooperation in combating transnational crime.

Public Interest For Kenya

The court also observed that it was in the public interest for Kenya to honour the extradition request, especially since there was no intention to prosecute the suspect in Kenya.

Qadeer is expected to be surrendered to the U.S authorities to face multiple charges.

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The charges include conspiracy to import narcotics under Title 21 of the United States Code, possession of machine guns and destructive devices, and conspiracy, which is related to the possession of such weapons under federal law.

The ruling reinforces Kenya’s position in cooperating with international partners in addressing cross-border crime, particularly narcotics trafficking.

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