The Magistrate in his ruling found that the alleged offence of murder to which the Extradition Request and the Authority to Proceed relate meets the list test.
Kelvin Kang’ethe, who was accused of killing Kenyan nurse Margaret Mbitu at a US-based airport in 2023 will face first-degree murder charges in the United States (US).
Milimani Law Courts Chief Magistrate Lucas Onyina on Wednesday, July 31 approved an extradition order, ruling in favour of the prosecution’s application, directing that Kang’ethe be extradited to the Chelsea District Court in Suffolk County, Massachusetts, for the prosecution of an alleged first-degree murder offence, in accordance with Massachusetts General Law, chapter 265, section 1.
The Magistrate in his ruling found that the alleged offence of murder to which the Extradition Request and the Authority to Proceed relate meets the list test.
The court said the material laid established a link between Kang’ethe and the alleged offence of first-degree murder, adding that the court, not being a trial court, is not mandated to conduct a trial to determine his guilt or otherwise. Onyina referred to the existing Extradition Treaty between Kenya and the United States.
Murder suspect Kevin Kang’ethe (centre) during a court session on February 14, 2024. /FILE
“The court found that there was no restriction to the surrender of the respondent to the United States of America because the offence with which he is alleged to have committed is neither political in nature nor motivated by tribe,” stated Justice Onyina.
“The application is therefore allowed of prayer number 2, which specifically the Respondent is hereby ordered to be returned and/or conveyed out of Kenya and surrendered in the United States of America to face charges of the alleged first-degree murder in violation of Massachusettes General Law, Chapter 265, section 1, for which he was formally charged by criminal complaint in Case No, 23 CR-2559 in the District Court in Chelsea, Massachusetts.”
The ruling came after the Director of Public Prosecutions (DPP) on July 1, 2024, urged the court to grant their request and order the surrender of Kang’ethe to face trial in the American country over the alleged murder of Mbitu.
Prosecution Counsel Vincent Monda told Magistrate Onyina that his mandate is to only ascertain that a link existed between ‘fugitive criminal and the criminal incident’.
Kang’ethe has been behind custody at the Industrial Area Prison as he awaited the proceedings of his extradition to the US where he is facing first-degree murder charges.
He had previously escaped from Muthaiga police station while awaiting extradition to the US on a first-degree murder charge. Following a meticulous intelligence operation in Ngong Township, Kajiado, he was apprehended under tight security.
Kang’ethe, who is alleged to have killed Mbitu at Logan International Airport in Boston, USA, was arrested on Monday night, January 29 in Nairobi’s Westlands area and detained at Gigiri Police Station.
Preliminary investigations indicated that Kang’ethe violently attacked and repeatedly stabbed the woman in the face and neck area causing catastrophic injuries that led to her death.
Further, the court was told that when fled to Kenya, the suspect went into hiding where he allegedly kept constant communication using various telephone numbers with his friends back in the US and a few of his family and friends here in Kenya.
According to multiple US media reports, Mbitu was found dead in a car on November 1, 2023, inside a car at the airport, 48 hours after she was reported missing.
Massachusetts State Police alleged that Kang’ethe had murdered his lover and reportedly booked a flight to Kenya from Boston following the incident.
Mbitu, a professional nurse, was reportedly found with stab wounds on the body inside the man’s car parked at a garage at the airport.
A plane taking off from Boston’s Logan International Airport in USA. /FILE