Court clears extradition of Afghan national to US over drug, arms charges

Abdul Zahir Qadir, a former Deputy Speaker of Afghanistan's parliament.[Courtesy, ODPP]

The High Court has allowed the Director of Public Prosecutions’ bid to extradite Afghan national Abdul Zahir Qadeer, also known as Haji Abdul Zahir, to the United States to face trial on narcotics and illegal weapons charges.

In a judgment delivered by Justice Alexander Muasya Muteti at the Milimani High Court, the court dismissed Qadeer’s appeal against a lower court extradition order, clearing the legal path for his surrender to American authorities after months of protracted litigation over whether Kenya has the legal authority to hand him over.

“There is sufficient legal basis for the extradition of the appellant to the USA to face trial. The appeal therefore fails in its entirety and is hereby dismissed,” Justice Muteti ruled.

Qadeer was arrested at the Safari Park Hotel in Nairobi in April 2025 following an Interpol Red Notice, in connection with drug-related charges.

He faces three counts before the United States District Court for the Southern District of New York: narcotics importation conspiracy, possession of machine guns and destructive devices, and conspiracy to possess machine guns and destructive devices.

The court allowed the DPP’s request after a fierce legal battle centred on a fundamental jurisdictional question.

Qadeer’s defence argued that the 1931 Extradition Treaty between the United States and Great Britain—historically relied upon to govern extraditions between Kenya and the US—had lapsed, leaving no valid bilateral framework.

Without such a treaty, the defence contended, Kenya cannot extradite anyone to the United States regardless of the alleged offence.

However, the prosecution, led by Victor Owiti, acknowledged the absence of a current bilateral treaty but successfully argued that the 1988 United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances provides an independent and sufficient legal basis for extradition.

Justice Muteti agreed, noting that Kenya’s accession to the convention in 1992 binds the country to its obligations, including extradition provisions.

“The United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988 is a sufficient legal basis for extradition on drug-related matters between Kenya and all the states that Kenya does not have an extradition treaty with,” the judge stated.

The court further held that declining the US request on technical grounds would undermine Kenya’s international obligations.

“The cooperation that the USA seeks from Kenya in the instant matter is permissible in law, and it would be against the spirit of international cooperation to decline the request, yet words of the convention are expressed on matters of extradition absent of any evidence that the appellant may be subjected to prosecution and punishment on account of his race, religion, nationality, or political opinions or subjected to torture,” ruled Muteti.

The court added that it is in the public interest and consistent with the principle of reciprocity for Kenya to allow the extradition, noting there are no plans to prosecute Qadeer locally.