Milimani Court: US Seeks Sancho Kibutu Extradition From Kenya

• The United States is seeking the extradition of Kenyan national Sancho Kibutu from Kenya.
• Kibutu was convicted in absentia in California for gross vehicular manslaughter while intoxicated.
• A Milimani court has directed Kenya's ODPP to formally file and serve the extradition application.
• Kibutu's lawyer successfully opposed his remand to Industrial Area, arguing for due process.
• The case will proceed on September 15 to assess the application's progress and determine if legal requirements for extradition are met.

The court's directive underscores the importance of formal procedural adherence in international extradition requests, ensuring that the accused can fully understand and respond to the allegations.

The United States has initiated a formal request for the extradition of Kenyan national Sancho Kibutu, also known as Sancho Kibuto and Njoroge Kibutu, who was convicted in California on charges of gross vehicular manslaughter. This significant international legal matter is now under consideration by a Milimani court in Nairobi. The Office of the Director of Public Prosecutions (ODPP) in Kenya has been tasked with advancing the US request.

Trial Magistrate Theresa Nyangena has issued a clear directive to the ODPP, instructing them to formally file and serve the extradition application. This procedural step is crucial, as the magistrate emphasized that it will enable Mr. Kibutu and all other involved parties to fully comprehend the specific grounds and legal basis of the US request, thereby allowing them an adequate opportunity to prepare their response. The ODPP informed the court that the US request stems from Mr. Kibutu's conviction in absentia.

The conviction that forms the basis of the US extradition request dates back to April 30, 2013, when Sancho Kibutu was found guilty in absentia in California. He faced a single count of gross vehicular manslaughter while intoxicated, a charge contrary to Section 191.5(a) of the California Penal Code. This conviction highlights the serious nature of the allegations against him in the United States.

Court documents presented during the Milimani court extradition proceedings indicate that Mr. Kibutu departed the United States on September 11, 2013. This departure occurred shortly before a superior court in California was scheduled to deliver its judgment in the case. Since his departure, Mr. Kibutu has reportedly remained outside the United States for approximately 13 years, leading to the current efforts by US authorities to secure his return.

During the initial Milimani court extradition proceedings, the prosecution sought an order for Mr. Kibutu to be remanded at the Industrial Area Remand Prison while the extradition process commenced. However, this request was met with strong opposition from Mr. Kibutu's legal counsel, Mbiu Kamau. Mr. Kamau argued that his client had not been charged or convicted of any offense within Kenya, and therefore, such a remand was inappropriate.

Mr. Kamau further contended that the ODPP should first comply with the directive to file a formal extradition application and ensure it is properly served on the defense. He asserted that this formal process was essential for Sancho Kibutu to understand the precise allegations and the legal grounds underpinning the US extradition bid, thereby enabling the defense to formulate a comprehensive response through a replying affidavit. The defense lawyer stressed that the court should not rely on an informal request without allowing the accused to scrutinize the evidence and grounds supporting the extradition. Ultimately, Magistrate Nyangena upheld the importance of due process, directing the ODPP to file and serve the formal application. Instead of the Industrial Area Remand Prison, the court ordered that Mr. Kibutu be held at Gigiri Police Station pending further proceedings.

The court's directive underscores the importance of formal procedural adherence in international extradition requests, ensuring that the accused can fully understand and respond to the allegations. The ongoing Milimani court extradition proceedings will meticulously examine whether all legal requirements for extradition are satisfied under Kenyan law. The ultimate determination will be whether Sancho Kibutu should be surrendered to the United States to face the consequences stemming from the California proceedings.

The matter is scheduled to return to court on September 15. This upcoming hearing will serve to establish the progress made by the ODPP in filing and serving the formal extradition application. The allegations and the specific circumstances surrounding Mr. Kibutu's conviction in absentia remain central to these proceedings, which will continue to unfold within the Kenyan judicial system.

This case provides a live example of the procedural requirements for extradition proceedings in Kenya, particularly concerning individuals convicted abroad in absentia. Lawyers and compliance officers should monitor the court's directives on formal application filing and service, as it clarifies the due process standards for opposing foreign extradition requests in Kenya.

Source: Original reporting via Capital FM