An Analysis of Extradtition Laws and Practices of Kenya in Relation to International Human Rights

Abstract

This study will focus on the extradition laws and practices in Kenya in relation to international human rights law. Extradition is generally described as the mechanism where states request the return of individuals from other states when they are either accused of criminal offences or are wanted to serve a sentence.1

The main aim of extradition treaties or agreements between countries or states is to prevent the evasion of justice. This however does not mean that all countries or states do extradite or have extradition treaties/ agreements. Take Kenya for example; together with other African countries such as Burundi, Rwanda, Uganda and Tanzania there has been regional integration with the aim of achieving a regional block and advance the agenda of globalization. In advancing this agenda, it has led to free movement of persons, goods, capital, services and workers2 from country to country. Within the context of this integration, prevention of migration is neither desirable nor achievable3 and the likelihood of an increase in global crime is inevitable. Therefore, extradition treaties / laws are put in place in order to avoid evasion of justice. The agenda of attaining globalization is however not only shared by African countries but by other countries in other regions of the globe. Towards the end and in their dealing with one another it becomes necessary for States to enter into treaties. The ratification of treaties by a country is described as the international act whereby a state indicates its consent to be bound by a treaty. This therefore becomes a bilateral treaty where both parties of the treaty must fulfill their obligations. Extradition clauses are part of these bilateral treaties so are Human Right issues. When it comes to the ratification of a treaty, the treaty being ratified must comply with the Sovereign law of the state. In the situation in Kenya, the ratified treaties must comply with the Constitution. Under Article 2(6) of the Constitution, any treaty or convention ratified by Kenya forms part of the Laws of Kenya. This therefore includes both treaties ratified with regards to human rights and extradition. However, how do the countries/ states that are involved in extradition conduct themselves when faced with such an issue? How do they pursue and conduct the extradition, and are there any human rights ramifications during this procedure of extraditing alleged criminals? This study aims to answer but a few of the questions posed and also to establish whether the laws currently in place are up to date and if they can adequately handle the issue of extradition considering the immense challenge of globalization and the need to protect and uphold human rights. Using Kenya as a focal point, I shall try to give meaning to extradition practices and laws in relation to International Human Right Law and give recommendations on how to improve the laws.