The Office of the Director of Public Prosecution Monday tabled its submissions opposing the release of Kevin Kangethe on Bail/bond pending hearing and determination of the extradition application before Milimani Law courts Chief Magistrate Lucas Onyina.
The prosecution through Vincent Monda and Magdaline Nduati presented to the court six compelling reasons to justify the opposition to bail or bond among them the respondent being a flight risk noting that he fled the United States of America immediately after committing the offence leading to the Chelsea court in USA issuing a warrant of arrest against him as well as a red alert raised by Interpol.
The second reason the prosecution argued was that the nature and seriousness of the offence committed and the likely punishment to be meted if found guilty.
Prosecution invited the court to assess the offence of first degree murder committed by the respondent and the punishment of life imprisonment without the possibility of a parole.
They further argue that the conduct of the respondent who at the time of committing the offence was a resident of the united states of America but immediately fled the jurisdiction to Kenya with a view to avoid arrest.
This conduct of having left the USA without a bona fide reason according to the prosecution, portrays that of a guilty mind.
The prosecution further noted that the circumstances that the status of the respondent changed and is now a fugitive criminal pursuant to Section 2 of the extradition (Contiguous and foreign countries) act CAP 76 as he has formally been indicted in the USA.
The prosecution went on to tell the court that since Kenya ratified extradition treaty with the USA, it is obligated under the national interests and international obligations to provide any assistance whenever needed and such a case falls under the category thus the need to deny bond and facilitate his extradition to face trial in the USA.
They added that the totality of facts and circumstances are that the respondent at the time of his arrest was found to be in possession of the victim’s driving license, Bank of America debit card and Capital one Visa card noting that the doctrine of recent possession places the respondent at the scene of crime.
Prosecution concluded by telling the court that all facts presented are enough justified reasons against the release of the respondent on bail pending hearing and determination of the matter.
Kevin Kangethe is facing an extradition to the United States to face charges of first degree murder at the Chelsea District Court in the states of Massachusetts.
The ruling on the application will be delivered on 18th April, 2024.