Sons of slain drug baron Ibrahim Akasha and two foreigners whom the United States of America wants extradited for trial over drug related offences are fugitives.
Senior Assistant Director of Public Prosecutions Alexander Muteti told the court that the suspects are fugitives in law and ought to be treated as such.
Mr Muteti, who was opposing an application by the suspects to have the extradition proceedings quashed, said for extradition to take effect, those to be extradited must fall in the definition of fugitives.
Mr Baktash Akasha Abdalla, Mr Gulam Hussein, Mr Ibrahim Akasha Abdalla and Mr Vijaygiri Anandgiri Goswami are facing extradition proceedings commenced by the DPP.
Mr Muteti added that the suspects do not have to been in the country where the offence was committed for extradition to take place.
“A mere fact that the suspects were not in the US should not preclude the courts in that country from seeking them,” said Mr Muteti.
Mr Muteti told Mombasa chief magistrate Julius Nang’ea that courts cannot be moved by a litigant for the country to avoid its obligation under international law.
“Kenya having assumed responsibility to extradite, it cannot backtrack when requested by other countries,” said Mr Muteti.
The prosecutor said throughout the extradition proceedings, the suspects will have the opportunity to test the evidence to be tendered against them.
Mr Muteti further said the suspects cannot now cast aspersions on evidence which has been tendered by the prosecution.
He further argued that issues regarding the jurisdiction of the court to hear the proceedings had been canvassed and determined.
The prosecutor urged the court to dismiss the application, saying it is unmerited and calculated to delay proceedings.
According to the suspects, there does not exist any legal provisions to warrant extradition to the US.
They also claim that from the facts and evidence disclosed in the indictment and supporting affidavits of the US, they are not criminal fugitives because it is alleged (by US) that the crimes they committed took place in Kenya.