A Nairobi court Wednesday ordered the extradition of Kevin Kang’ethe to the US to face murder trial of American Margaret Mbitu.
This follows a six months court battle since Kang’ethe was arrested in Nairobi after months of being on the run.
Milimani Chief magistrate Lucas Onyina found that the offence of murder to which the Extradition Request and the Authority to Proceed relate meets the list test.
The court further said the material laid before the court established a link between Kang’ethe and the alleged offence of first-degree murder, and the court, not being a trial court, is not mandated to conduct a trial to determine his guilt or otherwise.
“That will be the mandate of the trial court, not this court handling these extradition proceedings,” Onyina said.
He said there is established reasons to justify surrender of Kang’ethe to the United States to face trial for the offence of first-degree murder in violation of Massachusettes General Law, Chapter 265, section 1.
“The application is therefore allowed of prayer number 2, which specifically the Respondent is hereby ordered to be returned and/or conveyed out of Kenya and surrendered in the United States of America to face charges of the alleged first degree murder in violation of Massachusettes General Law, Chapter 265, section 1, for which he was formally charged by criminal complaint in Case No, 23 CR-2559 in the District Court in Chelsea, Massachusetts,” the magistrate ruled.
The prosecution had urged court to grant them permission to surrender Kang’ethe for the murder.
Prosecution Counsel Vincent Monda told Onyina that his mandate is to only ascertain that a link existed between ‘fugitive criminal and the criminal incident’.
He 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 is only through contact that you can get such vital documents. This showed the link between Kang’ethe and the deceased,” Monda said.
He 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.
Kang’ethe was rearrested after he dramatically escaped from police custody, police said.
Kang’ethe was arrested in Embulbul in Ngong on February 13 as he sought refuge at one of his relatives’ homes.
He was arrested in Westlands on January 30 and was to be extradited when he escaped from custody.
Kang’ethe, 40, had been detained pending a ruling on whether he should be extradited to face a first-degree murder charge in connection with the death of Margaret Mbitu on October 31, 2023.
Massachusetts State Police said in early November 2023 that Kang’ethe had left her body in a car at Logan International Airport and boarded a flight to Kenya.
Kang’ethe had renounced his U.S. citizenship, which prompted the extradition process.
Kang’ethe is accused of killing a 31-year-old Kenyan-born Margaret Mbitu who was based in Whitman, Massachusetts whose body was discovered inside a vehicle at Boston’s Logan Airport in November last year.
Margaret, a health care aide in Halifax, was last seen leaving work Oct. 30 and reported missing by her family.
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