NAIROBI, Kenya — The High Court has upheld the extradition of an Afghan national to the United States, reinforcing Kenya’s obligations under international law despite the absence of a bilateral extradition treaty.
Justice Alexander Muteti dismissed an appeal filed by Abdul Zahir Qadeer, who had challenged a magistrate’s court decision authorising his surrender to the United States to face drug-related charges.
The appeal had argued that Kenya lacks a formal extradition treaty with the US, raising questions over the legal basis for his transfer.
However, the Office of the Director of Public Prosecutions (ODPP) opposed the appeal, citing international legal frameworks that permit extradition.
In his ruling, Justice Muteti found that Kenya could rely on Article 6 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances to process the request.
“The cooperation that the USA seeks from Kenya in the instant matter is permissible in law, and it would be against the spirit of international cooperation to decline the request,” the judge ruled, adding that there was no evidence the suspect would face persecution or torture.
The court further held that granting the extradition request aligns with public interest and the principle of reciprocity between states, particularly where Kenya has no intention of prosecuting the suspect locally.
Qadeer was arrested following a formal extradition request by the United States government.
He is wanted to face multiple charges, including conspiracy to import narcotics, as well as offences related to possession of machine guns and destructive devices under US federal law.
The ruling affirms the growing role of international conventions in guiding Kenya’s extradition framework, especially in cases involving transnational crime.
Legal experts say the decision clarifies that treaty gaps do not necessarily bar cooperation, provided there is a binding multilateral legal instrument.
The case also highlights Kenya’s positioning within global enforcement efforts against drug trafficking and organised crime, where cross-border collaboration is increasingly critical.
With the appeal dismissed, authorities are now expected to proceed with the suspect’s surrender to the United States to face trial.
