Peter Omari, Osanyo and Obaigwa Oppose US Extradition Detention
Three Kenyans wanted in the United States have opposed an application by Director of Public Prosecutions Renson Ingonga seeking to detain them for 14 days pending extradition proceedings.
The suspects — Peter Omari, Francis Osanyo, and Elvis Obaigwa — are wanted in the US over alleged cybercrime offences.
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DPP Seeks 14-Day Custody
The DPP asked the court to hold the trio at Central Police Station for two weeks to allow:
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Completion of investigations
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Transmission of a formal extradition request from the United States
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Recovery of electronic and financial evidence
The prosecution informed the court that the three were indicted by the U.S. District Court for the Eastern District of Virginia.
They face charges of:
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Conspiracy to commit computer intrusions
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Conspiracy to commit wire fraud
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Aggravated identity theft
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Aiding and abetting
The indictment was issued in November 2023 by a Federal Grand Jury in Richmond, Virginia under Case No. 3:23-cr-153.
An Interpol Red Notice has also been issued.
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Defence Says Rights Violated
Through lawyer Cliff Ombeta, the trio opposed the application.
Ombeta argued that the matter before the court is not yet a formal extradition proceeding but merely a request for detention.
“I have looked at the application. 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,” Ombeta submitted.
He cited Article 49 of the Constitution, which requires compelling reasons before denying bond.
The suspects also told the court that they are unwell and that their constitutional rights have been violated.
They argued that detention without bond or cash bail would be unlawful and punitive.
“We are asking the court to decline the request made by the prosecution,” Ombeta told Milimani Resident Magistrate Irene Thamana.
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Cybercrime Charges Mirror Kenyan Law
The prosecution told the court that the offences listed in the US indictment correspond with Sections 28, 29 and 30 of Kenya’s Computer Misuse and Cybercrimes Act.
According to the DPP, detention is necessary to facilitate:
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Diplomatic transmission of the extradition request
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Coordination with US authorities
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Preservation of digital evidence
Court to Rule
The court is expected to rule on whether to grant the DPP’s request to detain the three men for 14 days.
The decision will determine whether formal extradition proceedings against Peter Omari, Francis Osanyo, and Elvis Obaigwa will proceed in Kenya.
The case adds to a growing number of international cybercrime prosecutions involving Kenyan nationals.