Kenya seeking ill-gotten wealth stashed abroad in extradition rules
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The Kenyan government seeks to eliminate the need for lengthy extradition proceedings of ill-gotten wealth stashed abroad
The Kenyan government seeks to eliminate the need for lengthy extradition proceedings of ill-gotten wealth stashed abroad.
Kenya has proposed easing the extradition laws in an effort to make it simpler to extradite those wanted in other nations for offences like stashing illicit money abroad.
A fugitive being pursued by a foreign state, even from the Commonwealth, may accept to extradition under the modifications proposed to the anti-money laundering, combatting terrorism financing, and extradition legislation, avoiding the need for drawn-out extradition hearings.
“A fugitive criminal being sought by a requesting State may consent to be extradited to that requesting State without conducting formal extradition proceedings,” says the Anti-Money Laundering and Combating Terrorism Financing Laws (Amendment) Bill, 2023.
Amendments have also been proposed to the Extradition (Contiguous and Foreign Countries) Act and the Extradition (Commonwealth Countries) Act.
A fugitive who consents to be returned to another country for prosecution under the new law shall be advised on his or her rights as well as the legal consequences of the simplified procedure.
This may require them to forfeit their entitlement to the rule of speciality, which limits the prosecution to offences for which the extradition was granted and not any other crimes.
“The consent and, where appropriate, the renunciation of the entitlement rule of speciality shall be recorded by a magistrate and may not be revoked,” adds the draft amendment.
Once the fugitive agrees to give consent to extradition, a copy of the consent shall be transmitted to the central authority with the view to arranging his or her surrender to the requesting state.
Presently, formal extradition proceedings are mandatory in what is usually a protracted process through the courts.
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Under the current laws, any fugitive criminal or other person arrested and sought for extradition is to be taken to court where a magistrate makes orders with regards to their extradition.
A requisition for the surrender of a fugitive criminal, of any country, who is in or suspected of being in Kenya is made to the government by a diplomatic representative or consular officer.
The government may refuse the order for extradition if it thinks that the offence in question is one of a political character.
Equally, a fugitive accused of an offence triable in Kenya or one undergoing sentencing under any conviction in Kenya shall not be extradited until their discharge.
Extradition crimes include criminal homicide, injury to persons, abduction, rape, offences relating to narcotics and dangerous drugs, damage to property, and falsification of currency, including counterfeiting and forgery.
Other crimes covered in the country’s extradition laws include forgery, fraud, piracy, and organized criminal group offences.
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