The Office of the Director of Public Prosecution has urged the court to dismiss fugitive murder suspect Kevin Kang’ethe’s bail application pending hearing and determination of extradition proceedings.
When the matter came up for highlighting of submissions on Monday April 8, the prosecution relied on two affidavits filed by inspector Patrick Wachira.
Prosecution counsel Vincent Monda told Chief Magistrate Lucas Onyina that they have “belaboured and ably demonstrated six compelling reasons.”
” ..In opposition to the application of bail we will rely on applications dated and filed on Feb 1 and 8 2024 sworn by inspector Patrick Wachira,” he said.
The court was told that if released on bail, Kang’ethe will likely abscond given the nature and seriousness of the offence and likely punishment he is facing.
Monda told the court that Kang’ethe is a flight risk owing to the fact that he fled the jurisdiction of the United States of America after committing the offence of murder in the first degree.
Furthermore, he said a warrant of arrest was issued by the Chelsea district court after he failed to appear to stand trial.
“He was subsequently traced and found in Kenya where he was brought before court after Kenya received extradition request from USA,” Monda said.
Monda said Kang’ethe was found in possession of a driving licence, Bank of America debit card and one capital one visa belonging to the deceased when he was arrested on January 30, 2024, exhibits intended for the trial in the USA.
However, Kang’ethe through his lawyer argued that it is impossible for him to leave the country as there is a red alert in place from Interpol against him from flying to any country.
“The passport is under the possession of the prosecution.”
The prosecution said Kang’ethe only left the jurisdiction of the United States where he was living after the death of the deceased.
They argue that Kang’ethe’s departure was not bonafide and demonstrate a guilty mind.
Kang’ethe however told the court that he has no criminal record hence not a second offender or a fugitive.
“The accused is not a danger to the victim since the offence happened in the USA. No reason to believe the accused may cause any danger neither interfere with the witnesses,” the defense team told the court.
The court was told Kenya has international obligations to provide assistance whenever required.
The defence urged the court to release Kang’ethe on bail pending hearing and determination.
“The court has discretion to issue bail and bond. Accused will not abscond court and will come to court whenever needed.”
Chief Magistrate Lucas Onyina set the ruling date on April 18, 2024.
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