The Office of the Director of Public Prosecution (ODPP) vehemently opposes the potential release of murder suspect Kevin Kang’ethe on bail or bond until the extradition application is heard and decided upon. Presenting their case before Chief Magistrate Lucas Onyina at the Milimani Law Courts in Nairobi, the prosecution, led by counsels Vincent Monda and Magdaline Nduati, outlined six compelling grounds to support their stance against bail or bond for Kang’ethe.
Firstly, the prosecution asserted that Kang’ethe poses a significant flight risk. They highlighted his immediate departure from the United States of America following the alleged commission of the crime, which prompted a warrant of arrest and a red alert from Interpol.
Secondly, the prosecution emphasized the gravity of the offense, which is first-degree murder, and the severe potential penalty of life imprisonment upon conviction. These factors, they argued, necessitate the denial of bail or bond to the suspect.
Monda and Nduati raised doubts about Kang’ethe’s actions, noting that his swift relocation to Kenya after the offense, without a valid explanation, indicates a consciousness of guilt.
Moreover, the prosecution pointed out that Kang’ethe’s legal status has changed, now qualifying him as a fugitive criminal under Section 2 of the Extradition (Contiguous and Foreign Countries) Act CAP 76, following his indictment in the US.
Highlighting Kenya’s extradition treaty with the US, the prosecution stressed the national and international obligations to cooperate in such cases, underscoring the necessity of denying bond to facilitate Kang’ethe’s extradition for trial in the US.
Furthermore, the prosecution presented incriminating evidence, noting that Kang’ethe was found in possession of the victim’s driving license, Bank of America debit card, and Capital One Visa card at the time of his arrest, invoking the doctrine of recent possession to place him at the crime scene.
In conclusion, the prosecution argued that the cumulative weight of the evidence provides sufficient justification for denying the suspect bail pending the resolution of the extradition matter.
Kevin Kang’ethe faces extradition to the United States to answer charges of first-degree murder at the Chelsea District Court in Massachusetts.
The verdict on the application is scheduled for delivery on April 18, 2024.
