The Director of Public Prosecution (DPP) has successfully challenged an appeal filed in the Nairobi High Court by an Afghan national wanted in America to face drug-related charges.

The DPP revealed that the Afghan, identified as Abdul Zahir Qadeer, had filed an appeal challenging a decision of the magistrate’s court, ordering his extradition and surrender to the United States of America, where he is wanted in connection with the drug-related charges.

“Justice Alexander Muteti has dismissed Qadeer’s appeal after the DPP opposed the appeal, arguing that even though there is no bilateral treaty between Kenya and the USA allowing extradition of persons between the two states, Kenya could still extradite him based on Article 6 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988,” DPP said.

In his ruling, Justice Muteti noted that there is a sufficient legal basis for the appellant’s extradition to the USA to face trial and dismissed the appeal in its entirety.

“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, yet words of the convention are expressed on matters of extradition absent of any 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,” ruled Muteti.

The court said it is in the public interest for Kenya to allow the appellant’s extradition, noting there are no plans to prosecute him in the country.

The suspect was arrested following an extradition request by the United States of America to the Government of Kenya and is expected to be handed over to face charges.

The charges include conspiracy to import narcotics under U.S. law, possession of machine guns and destructive devices, and conspiracy to possess such weapons, under various sections of U.S. federal law.