NAIROBI, Kenya Two Kenyan men facing alleged cybercrime charges in the United States have moved to block their detention in Nairobi, telling a magistrate that holding them for extradition would trample their constitutional liberties and lacks “compelling reasons” as required by law
In filings before the Milimani Law Courts, Peter Omari and Francis Osanyo both named in a U.S. indictment accusing them of conspiracy to commit computer intrusion, wire fraud and aggravated identity theft urged the court to refuse a 14-day custody order sought by the state.
The prosecution wants them held at Central Police Station while American authorities finalise formal extradition documents. Government lawyers told the court a Red Notice from INTERPOL is in force and that Kenya’s own cybercrime laws overlap with the U.S. allegations.
But defence lawyers said the request is premature and punitive.
“I have looked at the application,” attorney Cliff Ombeta told the court. “Currently, it is not an extradition proceeding; it is a request to hold the suspects in custody. They must place before you what we call compelling reasons,” he argued.
His colleague, Danstan Omari, added that their clients are unwell and that detention without bail violates Article 49 of the Constitution, which protects rights to liberty and fair procedures. “We are asking the court to decline the request made by the prosecution,” he said.
Prosecutors countered that the limited holding period is needed to allow U.S. agents to deliver a formal extradition request through diplomatic channels and for local investigators to gather and secure electronic and financial evidence linked to the case.
The court did not immediately rule, but its decision will shape whether extradition proceedings proceed and could set an important legal precedent in how Kenyan courts handle transnational cybercrime cases.
A Broader Context: Extradition and Rights in Kenya
This case comes amid increased cross-border cooperation between Kenyan authorities and U.S. law enforcement on cybercrime and other serious offences. For example, in 2025 a Nairobi court ordered the extradition of a former Afghan deputy speaker at the request of U.S. prosecutors, highlighting Kenya’s willingness to enforce foreign warrants under existing treaties.
At the same time, rights groups and defence lawyers have repeatedly pushed back when due process or constitutional protections appear at risk — especially in extradition or detention matters that could see Kenyans face lengthy sentences abroad.
