Court clears way for extradition of Afghan national to United States

The Office of the Director of Public Prosecutions has secured a legal victory after the High Court dismissed an appeal by Afghan national Abdul Zahir Qadeer, clearing the way for his extradition to the United States over drug-related charges.

In a ruling delivered in Nairobi on Thursday, Justice Alexander Muteti upheld an earlier decision by a magistrate’s court that allowed Qadeer to be surrendered to U.S. authorities. The court found that the extradition request was legally valid, even though Kenya does not have a bilateral extradition treaty with the United States.

The DPP opposed the appeal, arguing that Kenya can still lawfully cooperate with other countries in criminal matters under international law. Prosecutors relied on Article 6 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, saying it provides a legal basis for extradition in such cases.

Justice Muteti agreed with that position, saying the request from the United States met the required legal threshold and was consistent with Kenya’s obligations under international law. He dismissed the appeal in full, allowing the extradition process to proceed.

“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,” ruled Muteti.

He further stated that there was no evidence suggesting Qadeer would face unfair treatment if extradited.

“There is no 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,” the judge said.

The court also held that extraditing Qadeer was in the public interest and aligned with the principle of reciprocity between states. It noted that Kenya has no intention of prosecuting him locally, making extradition the appropriate course.

Qadeer was arrested following a request from the United States and is wanted over alleged involvement in narcotics importation conspiracy, possession of machine guns and destructive devices, and conspiracy to possess such weapons under U.S. law. He is now expected to be transferred to face trial in the United States.