The Office of the Director of Public Prosecutions (ODPP) has secured a legal victory after the High Court upheld the extradition of an Afghan national wanted in the United States over drug-related offences.

The case involved Abdul Zahir Qadeer, who had filed an appeal challenging a magistrate’s court decision that ordered his surrender to the United States of America to face multiple criminal charges.

In a ruling delivered by Justice Alexander Muteti, the court dismissed Qadeer’s appeal, paving the way for his extradition. The ODPP had opposed the appeal, arguing that international legal frameworks allow cooperation even in the absence of a bilateral extradition treaty.

The prosecution relied on provisions of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988.

“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 court ruled.

Justice Muteti further noted that there was no evidence suggesting the suspect would face discrimination or mistreatment upon extradition.

“There is no indication that the appellant may be subjected to prosecution or punishment on account of his race, religion, nationality, or political opinion, or subjected to torture,” he stated.

The court also observed that extradition served the public interest and reflected international reciprocity between states in combating transnational crime.

“The court finds that it is in the public interest and in keeping with reciprocity that Kenya allows the extradition of the appellant,” the judge added.

Qadeer is wanted in the US in connection with charges including conspiracy to import narcotics, possession of machine guns and destructive devices, and conspiracy related to those offences under US federal law.

Following the ruling, he is expected to be surrendered to American authorities to stand trial.