Nairobi court clears extradition of former Afghan MP wanted for drug charges in America

Justice Alexander Muteti dismissed an appeal filed by Qadir challenging a magistrate’s court decision that ordered his extradition and surrender to the US.

The Director of Public Prosecutions opposed the appeal, arguing that although Kenya does not have a bilateral extradition treaty with the United States, the request could still be processed under Article 6 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (1988).

In his ruling, Justice Muteti said there was sufficient legal basis for Qadir’s extradition to the US to face trial, and held that granting cooperation was consistent with international obligations.

“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…,” the judge said, adding there was no evidence the appellant would be subjected to prosecution or punishment on account of “race, religion, nationality, or political opinions” or subjected to torture.

The court further said the decision was in the public interest and in keeping with reciprocity, noting there was no intention to prosecute him in Kenya.

Qadir was arrested at a hotel in Nairobi and is expected to be surrendered to the US, where he is wanted in connection with charges including conspiracy to import narcotics and offences relating to possession of machine guns and destructive devices.

Qadir is a former police commander who later served as a Member of Parliament and deputy speaker in Afghanistan’s parliament. He has previously faced accusations in Afghanistan of drug smuggling, running private militias and land-grabbing.