Скачать или смотреть Prosecutor Owiti says magistrate lacks jurisdiction to Decide Constitutionality in Extradition Case

Prosecution Counsel Victor Owiti has told a Milimani Law Courts court in Nairobi that a Magistrate’s Court lacks the jurisdiction to determine the legality or constitutionality of statutes in matters relating to extradition.

Owiti made the submissions while opposing a preliminary objection raised by defense lawyers representing three Kenyan suspects who are facing extradition to the United States over alleged cybercrime offenses.

According to the prosecution, questions regarding the validity or constitutionality of legislation governing extradition fall within the mandate of the High Court of Kenya, and not the Magistrate’s Court currently handling the extradition proceedings.

The defense team, however, challenged the extradition request, arguing that Kenya does not have a ratified extradition convention or treaty with the United States specifically covering cybercrime-related offenses. They contend that without such a ratified agreement, the legal basis for surrendering the suspects to American authorities is questionable.

The court is now expected to determine whether the preliminary objection raised by the defense has merit, as the extradition proceedings continue.