Milimani Court: Kenya US Extradition for Sancho Kibutu Ordered Filed

• The United States is seeking the extradition of Kenyan national Sancho Kibutu, who was convicted in absentia in California for gross vehicular manslaughter while intoxicated.
• Kibutu allegedly fled the US on September 11, 2013, shortly before a judgment was expected, and has reportedly remained outside the country for about 13 years.
• A Milimani court in Nairobi has directed Kenya's ODPP to formally file and serve the extradition application to ensure the accused understands the basis of the request and can respond.
• Kibutu's lawyer opposed immediate remand, arguing his client had not been charged in Kenya and required formal application and service for due process.
• The court ordered Kibutu to be held at Gigiri Police Station, with the next hearing scheduled for September 15 to assess the application's progress.

The Milimani court has underscored the importance of procedural regularity in international extradition requests, directing the Office of the Director of Public Prosecutions to formally file and serve its application.

A Milimani court in Nairobi is currently considering a request from the United States for the extradition of Sancho Kibutu, a Kenyan national. Kibutu, also identified as Sancho Kibuto and Njoroge Kibutu, is sought by US authorities following his conviction in absentia for gross vehicular manslaughter in California. The Office of the Director of Public Prosecutions (ODPP) in Kenya has been tasked with formally presenting the US extradition request to the court.

Trial Magistrate Theresa Nyangena has issued a directive requiring the ODPP to officially file and serve the extradition application. This procedural step is crucial to ensure that Mr. Kibutu and all other involved parties are fully informed about the specific grounds for the request and are afforded the opportunity to respond comprehensively. The ongoing proceedings highlight the intricate legal framework governing international criminal cooperation, particularly concerning fugitive rendition Kenya.

The ODPP informed the Kenyan court that the United States initiated its request for Mr. Kibutu's extradition after he was found guilty in absentia on April 30, 2013. Court documents indicate that the conviction stemmed from a single count of gross vehicular manslaughter while intoxicated, a violation of Section 191.5(a) of the California Penal Code. This conviction forms the basis of the US extradition request Kenya is now processing.

According to the prosecution, Mr. Kibutu allegedly departed the United States on September 11, 2013. This departure reportedly occurred just prior to a superior court in California being scheduled to deliver its final judgment in his case. It is further alleged that Mr. Kibutu has remained outside of the United States for approximately 13 years since that time, leading to the current Sancho Kibutu extradition proceedings in Kenya.

During the initial court appearance, the ODPP sought an order for Mr. Kibutu to be remanded at the Industrial Area Remand Prison while the extradition process commenced. However, Mr. Kibutu's lawyer, Mbiu Kamau, strongly opposed this request. Kamau argued that his client had not been charged or convicted of any offense within Kenya, and therefore, immediate remand in such a facility was inappropriate.

The defense counsel emphasized the necessity for the ODPP to first file and properly serve the formal extradition application. This, Kamau contended, would allow Mr. Kibutu to fully comprehend the allegations and the legal grounds underpinning the United States' bid for his extradition. It would also provide the defense with the essential opportunity to prepare and submit a replying affidavit, ensuring adherence to due process under Kenya international criminal law. The defense further asserted that the court should not proceed based on an informal request without allowing the accused to scrutinize the evidence and grounds supporting the extradition.

Responding to these arguments, Magistrate Nyangena reiterated her directive for the ODPP to formally file and serve the extradition application on the defense. Instead of the Industrial Area Remand Prison, the court ordered that Mr. Kibutu be held at the Gigiri Police Station pending further developments in the Milimani court extradition law proceedings.

The matter is scheduled to return to court on September 15, at which point the progress of the formal extradition application will be reviewed. This hearing will be a critical juncture in the Kenya US extradition Sancho Kibutu case, as it will determine whether the procedural requirements for extradition have been met.

Ultimately, the Kenyan court must ascertain whether all legal prerequisites for extradition are satisfied before deciding if Mr. Kibutu should be surrendered to the United States to face the consequences of the California proceedings. The allegations and the specific circumstances surrounding his conviction remain subject to the ongoing Sancho Kibutu extradition proceedings before the Kenyan judiciary, underscoring the rigorous legal scrutiny applied in such international matters.

This case provides a live example of the procedural requirements for extradition requests in Kenya, particularly concerning the need for formal applications and due process for the accused. Lawyers advising clients on international criminal matters or facing extradition requests in Kenya should note the court's emphasis on proper formal filing and service, and the accused's right to respond, which could influence future extradition strategies and defenses.

Source: Original reporting via court documents