Nairobi — Kenya’s Cabinet has approved the signing of Extradition Agreements between Kenya and the governments of the United Arab Emirates and Mozambique.
The cabinet’s decision was announced in a dispatch released on Monday following a meeting at the Kisumu State Lodge.
The move aims to ensure that convicted offenders abroad have the opportunity to serve their sentences in their home country, where they are closer to the support of their families.
The Cabinet further emphasized the significance of these extradition treaties in light of Kenya’s growing diaspora population.
“BY DINT of the Agreements, any persons who breach the criminal law in the other country shall be able to be extradited from the partner nation to that other jurisdiction to face criminal proceedings or to serve their final custodial sentences,” read the dispatch released by Cabinet Office read in part.
An extradition treaty involves the transfer of an accused person from one state or country to another country seeking the person to stand trial.
When an extradition treaty comes into effect, an extradition warrant is issued to arrest the fugitive and transport them to the country demanding them. In Kenya, there are several laws governing extradition.
The Extradition (Commonwealth Countries) Act (Cap 77) outlines the procedure for the arrest, detention, and surrender of fugitives, subject to certain limitations, exceptions, conditions, or modifications pertaining to the requesting country.
The act specifies that the liability of the fugitive extends to offenses alleged to have been committed, whether before or after the commencement of the Act or its application to the requesting country.
Additionally, the Extradition (Contiguous and Foreign Countries) Act (Cap 76) consolidates laws related to the extradition of offenders and associated matters where Kenya has an agreement with a non-Commonwealth country.