Rédaction Africa Links 24 with Daily Nation
Published on 2024-02-14 13:19:49
The Director of Public Prosecutions is seeking the detention of fugitive Kevin Kang’ethe at the Industrial Area Remand Prison in Kenya pending his extradition to the US. Kang’ethe is wanted for the alleged murder of his girlfriend, Margaret Mbitu, last year. Prosecution counsel Vincent Monda urged Chief Magistrate Lucas Onyina to order Kang’ethe’s remand at the Industrial Area Remand Prison for his safety. The prosecution clarified that they were not seeking to limit Kang’ethe’s access to legal counsel and assured the court that he would have access to his legal team while on remand.
Monda further argued that the remand prison is a safe place to keep Mr. Kang’ethe pending the extradition proceedings. He stressed that due to concerns about Mr. Kang’ethe’s conduct and character, the risk of him absconding again was too high. Therefore, the prosecution sought the court’s order to have Mr. Kang’ethe detained at the remand prison to secure his attendance in court. Kang’ethe had been re-arrested at the house of a relative in Ngong, Kajiado County, on Tuesday, leading prosecutors to request his detention in the remand prison.
The prosecution also emphasized that if Mr. Kang’ethe required medical attention, it should be provided in consultation with the government doctors attached to the Industrial Area Remand Prison. Additionally, visitations to Mr. Kang’ethe, by either relatives or his lawyers, were requested to be made in the presence of the lead investigating officer to ensure that they are monitored and prevent any unlawful escape.
On the other hand, the defense team, led by Antony Kago and David Muthama, opposed the prosecution’s application, stating that Mr. Kang’ethe had not been charged with any offense to warrant his detention at the prison remand. They argued that what is pending before the court is “a nation-to-nation request that is yet to be acceded to” and that their client is only facing extradition proceedings, which are neither criminal nor civil. The defense also pointed out that the initial order was to detain Kang’ethe at Muthaiga Police Station and that varying this order would be a violation of his rights.
The DPP’s office had previously requested the detention of Mr. Kang’ethe at Muthaiga Police Station for 30 days pending extradition proceedings, which had been granted. The defense lawyers argued that varying this initial order would be both illegal and a violation of his rights. The court was urged to decline the request by the DPP to detain Kang’ethe at the Industrial Area Medium remand prison and to maintain the initial order to detain him at Muthaiga Police Station.
After hearing both sides, the magistrate postponed the decision to 3pm on Wednesday. The decision was to be based on the completion and filing of a written submission by the prosecution and the defense team’s furnishing of a written replying affidavit. As a result, the court was tasked with making a crucial decision regarding Mr. Kang’ethe’s detention and extradition to the US.
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