Three Kenyan nationals wanted by authorities in the United States over alleged cybercrime offences have opposed an application seeking to detain them in custody as authorities move to initiate extradition proceedings.
Peter Omari, Francis Osanyo and one other before the court are the subjects of an indictment issued by the U.S. District Court for the Eastern District of Virginia, where they face charges of conspiracy to commit computer intrusion, conspiracy to commit wire fraud, and aggravated identity theft, alongside related offences under U.S. law.
Court filings indicate that the indictment was returned by a federal grand jury in Richmond, Virginia, in November 2023 and a warrant of arrest was subsequently issued in Case No. 3:23-cr-153.
Before the Milimani Magistrates court, the Directorate of Criminal Investigations (DCI) had applied for orders to detain the three suspects at different Police Station for 14 days, arguing that the period is necessary to complete investigations and allow U.S. authorities to transmit a formal extradition request through diplomatic channels.
The prosecution further told the court that an INTERPOL Red Notice had already been issued and that the alleged offences correspond to crimes under Sections 28, 29 and 30 of Kenya’s Computer Misuse and Cybercrimes Act.
The application was, however, strongly opposed by the three respondents through their team of advocates; Cliff Ombeta, Ishmael Nyaribo, Stanley Kinyanjui, Danstan Omari among others who argued that the request for further detention lacks legal basis and even went as far as calling it unconstitutional for various reasons.
Ombeta submitted that the matter before the court does not amount to an extradition proceeding but is simply an application to hold the suspects in custody and as such, the State must demonstrate compelling reasons to justify denying them bail as required under Article 49 of the Constitution.
The defence also argued that their clients are unwell and that their rights and dignity have already been infringed, maintaining that holding them for 14 days without the option of bond or cash bail would be unlawful and punitive, especially in the absence of a formal extradition request.
They urged the court to decline the prosecution’s application.
The prosecution, on the other hand, maintained that the custodial orders are necessary to facilitate ongoing investigations, including securing electronic and financial evidence and to allow time for the formal extradition process to be initiated by U.S. authorities.
The court granted the 14 day detention orders but however denied the prosecution’s request to have them held in custody in separate police stations directing that they all be held at Kilimani Police Station.
Mention date on March 27, 2026.
