Kenya Seeks Interpol Assistance in Agnes Wanjiru Murder Case, Paving Way for Suspect’s Extradition

The investigation into the murder of Agnes Wanjiru has seen a significant development, as Kenyan authorities have enlisted Interpol's support to apprehend and bring back the main suspect from the United Kingdom. This action underscores the government's determination to bring closure to the case that has lingered for over a decade.

On Wednesday, September 17, the Directorate of Criminal Investigations (DCI) announced that it had submitted an arrest warrant to Interpol under the Mutual Legal Assistance (MLA) agreement between Kenya and the UK. This step paves the way for initiating the extradition proceedings against the prime suspect, believed to be a British Army soldier.

The Office of the Directorate of Public Prosecutions (ODPP) successfully obtained the arrest warrant from the Milimani High Court. The warrant was then forwarded to Interpol's office in the United Kingdom via the DCI headquarters in Nairobi, marking the official start of the extradition effort.

This development shifts focus to Interpol's role in facilitating international arrests and extraditions, a procedure that typically unfolds over several weeks or even months. It encompasses multiple coordinated steps to ensure legal compliance across borders.

The Extradition Process Unfolded

The process begins with the ODPP in Kenya applying for and securing an arrest warrant, which establishes the legal basis for pursuing the suspect internationally. This phase was completed successfully on September 17.

Next, the warrant is transmitted to Interpol through the DCI, a transmission that authorities confirmed had been executed without issues on the same day.

Interpol's subsequent action involves issuing a Red Notice, an international alert distributed to member countries requesting the location and temporary detention of the suspect pending further formalities.

Should the suspect be located in the UK, local law enforcement there could detain him based on the Red Notice and Kenya's accompanying request, holding him provisionally until the required documentation is finalized.

Kenya must then formally submit an extradition request to the UK Home Office via diplomatic and judicial channels. This submission includes comprehensive evidence against the suspect, the specific charges, and assurances of a fair trial in Kenya.

The request undergoes judicial review in a UK court, where a judge evaluates its merits. Key considerations include the extradition treaty between the UK and Commonwealth nations like Kenya, as well as whether the alleged offenses qualify for extradition.

The suspect has the right to challenge the judge's decision through an appeal, which could extend the timeline by months. During this period, he might secure a stay on the extradition until the appeal concludes.

If the court approves the extradition, the UK Secretary of State issues the final order, authorizing the transfer of the suspect to Kenyan custody. At that point, Kenyan investigators would travel to the UK to accompany the suspect back to Nairobi, where he would immediately appear in court to answer to the charges.

Revisiting the Agnes Wanjiru Case

Agnes Wanjiru, who was 21 years old at the time, was last seen alive on the evening of March 31, 2012, alongside a British Army soldier in uniform at the Lion's Court Lodge in Nanyuki. Her disappearance was initially logged as a missing person report at the local police station.

The grim discovery of her body on June 5, 2012, inside a septic tank at the lodge prompted the opening of an inquest. Years later, on November 5, 2019, a Principal Magistrate at the Nanyuki Law Courts determined that Wanjiru's death was a homicide and ordered deeper probes to identify and prosecute those responsible.

The case was then handed over to the DCI's Homicide Unit, which conducted thorough inquiries. These efforts required collaboration with UK counterparts under the MLA framework to gather vital information.

UK officials complied with the MLA requests, allowing Kenyan homicide detectives to visit the UK on September 14, 2023, July 24, 2024, and July 30, 2024, to follow up on key leads. Once the investigations wrapped up, the complete case file was sent to the ODPP for evaluation and guidance on next steps.

On September 16, Justice Alexander Muteti approved the extradition pursuit, affirming that murder constitutes an extraditable offense and that sufficient probable cause existed to proceed with charges against the accused. This marks the first such extradition attempt involving a British citizen in this context.

Precedents in UK-Kenya Extraditions

While this is a pioneering effort for a British national in the Wanjiru case, extraditions between Kenya and the UK have occurred in other instances, both ways. For example, Kenyan nationals have been returned to face justice in Nairobi, and vice versa.

In one case, Daniel Munyambu, a Kenyan politician sought for fraud charges, was denied extradition by a UK court due to worries over detention conditions in Kenya.

Conversely, Anthony Kamau was extradited from Kenya to the UK to stand trial for offenses related to the molestation of minors. Similarly, Gilbert Deyawas was sent back to Kenya in 2017 to answer charges of child abduction and trafficking.

Ongoing matters include the unresolved extradition requests for former Finance Minister Chris Okemo and ex-Kenya Power CEO Samuel Gichuru, who face money laundering allegations in Jersey and remain at large.

As the extradition gears turn, the Wanjiru family and advocates await progress, hopeful that this international cooperation will deliver long-sought accountability in a tragedy that has haunted communities for years.