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Court orders arrest of Dutch national facing jail at home for defiling minor

A Kenyan court has endorsed a warrant of arrest against Dutch national, which was executed in his country for the purpose of serving a prison sentence.

According to the Director of Public Prosecution , the judgement against Jan Jacobus Brouwer was issued on December 28, 2020 by the Limburg District Court, within the Kingdom of Netherlands and he is needed to be extradited for the purpose of serving the sentence.
The DPP, through a notice of motion, says the Netherlands want Brouwer to be returned or conveyed out of Kenya and surrendered to the authorities there to serve his prison sentence for two counts of committing non-consensual lewd acts, which include sexual penetration of the person, with a person who has attained the age of 12 years but has not attained the age of 16 years.
He is also accused of using force to conduct the acts consisting of sexual penetration for which he was prosecuted and convicted on December 28, 2020.
Subsequently,  Brouwer filed an appeal which was dismissed by the Dutch Bosch Court of Appeal on December 21, 2021.
The application is supported by the affidavit sworn by Magdalene Nduati, a principal prosecution counsel, who told the magistrate that the ODPP received a formal request from the ministry of Justice and Security of the Kingdom of Netherlands Central Authority, through Anna Lodeweges, acting head of the Netherlands Authority for Mutual Legal Assistance in criminal matters, for the arrest and extradition of Jacobus back to his country.
On December 17 last year, they received additional materials from the Public Prosecutor in Zwolle, Netherlands to issue arrest warrant.
The respondent was sentenced to serve 900 days imprisonment by the District Court in Limburg.
After the dismissal of the appeal by Den Bosch Court of Appeal, the official notice of the judgement was served in person on the respondent in Mombasa and he had 14 days to file an appeal in cessation against the judgement which he failed to lodge by himself or through his representatives hence the sentence has deemed irrevocable as per June 10, 2023.
On November 21, 2023, the examining judge in Zwolle issued a European arrest warrant for the arrest and extradition of the respondent.
Upon independent review of the request and annexures and get satisfied that the offences of rape and similar offences are disclosed as extradition crimes and therefore meets the legal threshold set in the schedule to the extradition  (Contiguous and Foreign Countries) Act, Cap 76, Laws of Kenya.
For the interest of justice, Nduati concluded that there are legal basis “for this honourable court to endorse a judgement that was issued against the respondent in the republic of Netherlands as the threshold of his extradition has been met.”
While giving the directions in the matter, the Milimani magistrate’s court considered the application by the DPP and obliged to issue a warrant of arrest against the respondent,
“In considering the application filed by the DPP, I hereby issue a warrant of arrest against the respondent for the purpose of facilitating his extradition,” the magistrate said.
The matter will be mentioned on January 18, 2025 to confirm  progress.
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