Kenya will henceforth extradite her nationals who commit crimes in two jurisdictions of China and Italy to face charges in the two nations after State House announced approval of Extradition Treaties between the Republic of Kenya and the two nations.
The move, according to the dispatch to newsrooms is aimed at promoting effective judicial cooperation between the Republic of Kenya on one hand and both the People’s Republic of China and the Government of Italy on the other.
The latest move means that Kenyans who break laws in the two nations will be repatriated back to the country to face trial. Cases facing Chinese and Italian citizens in Kenya will also be handled in a similar way.
“As a consequence of the ratification of treaties, Kenyans who run afoul of the law in the two nations can be extradited for purpose of carrying out criminal proceedings or executing final custodial sentence in Kenya, and vice versa,” The dispatch reads in part.
The new arrangement now awaits the nod of the National Assembly to be formally ratified. China tried to have its nationals suspected of cybercrimes removed from Kenya some years back but faced hurdles without an extradition agreement.
A memo from the Cabinet said the ministers accepted the bilateral treaties to “promote effective judicial cooperation” between Kenya and each of the two countries.
“As a consequence of the ratification of treaties, Kenyans who run afoul of the law in the two nations can be extradited for the purpose of carrying out criminal proceedings or executing final custodial sentence in Kenya, and vice versa,” the memo said.
Kenya and China, and Italy, had had no bilateral treaty for extraditions and often banked on Interpol notices for cooperation. The new arrangement means the two sides can also exchange prisoners jailed on their territories or fly suspects from their territories to be charged in another.
In 2016, China removed some 37 nationals from Kenya after they were arrested for cybercrimes on Kenyan soil. Beijing argued the group had committed fraud in China. And while no extradition agreement existed, the group had first to be charged in Kenya before being deported. Taiwan, which China claims is part of its territory, later said the group were from the island, blaming Kenya for ‘wrongful’ deportations.
The decision is part of President William Ruto’s strategy to cement the place of Nairobi as the premier centre for International Arbitration on the continent.
In this regard, Cabinet also considered and approved the policy on Alternative Dispute Resolution (ADR).
“The State intervention also seeks to decongest our Courts and to enhance access to justice by providing high quality, affordable, timely, and effective alternatives to standard judicial processes.” State House said.
“Providing an example of how Alternative Dispute Resolution can be used to unlock complex disputes, Cabinet considered and approved the resolution of the impasse in the implementation of the Arror, Kimwarer, and Itare Dam Projects through ADR,” added the dispatch
The intervention by Cabinet, according to the dispatch, seeks to address the huge financial exposure facing the Government of Kenya arising from the unfulfilled debt obligations under the Financing Agreements for the Projects.
“Arising therefrom, the Government of Kenya has sanctioned negotiated commercial settlement for the Commercial Contracts and Financing Agreements for the Projects,” the dispatch said of the stalled dams projects
