Court to hear US bid to extradite Kenyan convicted of manslaughter

NAIROBI, Kenya, Sep 10 — The United States has sought the extradition of a Kenyan national convicted of gross vehicular manslaughter in California, with the case now before a Milimani court.

The Office of the Director of Public Prosecutions (ODPP) has been directed to file a formal application seeking extradition orders against Sancho Kibutu, also known as Sancho Kibuto and Njoroge Kibutu.

Trial Magistrate Theresa Nyangena directed the prosecution to formally file and serve the extradition application, saying this would enable the accused and other parties to understand the basis of the request and respond to it.

The ODPP told the court that it had received a request from the United States seeking Kibutu’s extradition after he was convicted in absentia on April 30, 2013.

According to documents presented in court, Kibutu was facing one count of gross vehicular manslaughter while intoxicated, contrary to Section 191.5(a) of the California Penal Code.

The prosecution said Kibutu fled the United States on September 11, 2013, shortly before a superior court in California was expected to deliver its judgment.

He has allegedly remained outside the United States for about 13 years.

The prosecution had asked the court to order that Kibutu be remanded at the Industrial Area Remand Prison as the extradition process got under way.

His lawyer, Mbiu Kamau, opposed the request, arguing that his client had neither been charged nor convicted in Kenya and therefore should not be remanded at the facility.

Kamau told the court that the ODPP should first file the formal extradition application and serve it on the defence.

He said this would allow Kibutu to understand the allegations and grounds upon which the United States is seeking his extradition and give the defence an opportunity to respond through a replying affidavit.

The defence also argued that the court should not rely on an informal request without allowing the accused to examine the grounds and evidence supporting the extradition bid.

Magistrate Nyangena directed the ODPP to file the formal extradition application and serve it on the defence.

The court subsequently ordered that Kibutu be held at Gigiri Police Station pending further proceedings.

The matter will return to court on September 15 to establish the progress of the extradition application.

The case will determine whether the legal requirements for extradition are met and whether Kibutu should ultimately be surrendered to the United States to face the consequences of the California proceedings.

The allegations and the circumstances surrounding the conviction remain subject to the ongoing extradition proceedings before the Kenyan court.