A Nairobi court has allowed the extradition of three Kenyans to the United States of America to face prosecution over an alleged multi-million-dollar cyber fraud scheme.
Senior Principal Magistrate Paul Mutai on Thursday ruled that Peter Omari, Francis Asanyo and Elvis Obaigwa should be surrendered to USA authorities after finding that the offences they face are extraditable under international law.
Immediately after delivering the ruling, the magistrate cancelled the trio's Sh5 million bonds and ordered that they be remanded at Kileleshwa Police Station pending completion of the extradition process.
Defence lawyer Cliff Oduk asked the court to suspend the extradition order to allow the suspects to appeal.
"I urge this court to stay the extradition order pending the hearing and determination of the intended appeal before the High Court," Mr Oduk submitted.
The extradition proceedings stem from an application filed on March 2, 2026, by Director of Public Prosecutions (DPP) Renson Ingonga seeking enforcement of an international arrest warrant.
The warrant was issued on November 15, 2023, by the US District Court for the Eastern District of Virginia, Richmond Division.
The three are wanted in the USA to face charges of conspiracy to commit computer intrusions, conspiracy to commit wire fraud, aggravated identity theft, and aiding and abetting.
The DPP told the court that Kenya received the extradition request through the Attorney General's office on February 25, 2026, after it had been transmitted through the Ministry of Foreign and Diaspora Affairs.
In supporting the application, the prosecution argued that Kenya and the USA share a common commitment to combating transnational organised crime and economic offences.
Mr Oduk opposed the application, arguing that Kenya and the USA do not have a bilateral extradition treaty.
"The extradition treaty between Kenya and the US ceased to exist in 1931. For the last 95 years there has been no extradition treaty between the two countries. This court cannot surrender our sons to a foreign country without such a treaty," he submitted.
Kenyans wanted by US over multiple fraud cases, Elvis Obaigwa (left), Francis Asanyo and Peter Omari at the Milimani Law Courts on February 16, 2026.
Photo credit: Richard Munguti | Nation Media Grou
However, prosecuting counsel Virginia Kariuki argued that Kenya ratified the United Nations Convention against Transnational Organized Crime (UNTOC) in 2004, providing a lawful basis for extradition.
She told the court that the offences facing the three fall within the category of extraditable crimes under the convention.
In his ruling, Mr Mutai cited Article 2(5) and (6) of the Constitution, which incorporates general rules of international law and treaties ratified by Kenya into domestic law.
"It is clear that the State opted to pursue the extradition process using a convention signed by both states," he ruled, dismissing the defence's objection.
The magistrate added that since both Kenya and the USA are parties to UNTOC, the convention provides a proper legal framework for the extradition proceedings.
"I am satisfied that the DPP has established a case warranting the extradition of the three respondents. The offences allegedly committed are extraditable," Mr Mutai ruled.
He consequently allowed the application and ordered that the three be surrendered to the United States to stand trial on the charges contained in the extradition request.
According to court documents, the suspects allegedly fled the USA before returning to Kenya, where they were arrested at their rural homes in Kisii County.
The prosecution told the court that the arrests followed a joint operation involving the Directorate of Criminal Investigations (DCI), Interpol and the US Federal Bureau of Investigation (FBI).
Investigators said the FBI sought the DCI's assistance after identifying the suspects as members of a criminal network involved in Business Email Compromise (BEC) and Vendor Account Compromise (VAC) schemes.
A DCI investigator told the court that the suspects and other conspirators allegedly targeted Vendor Self Service (VSS) platforms used by US state and local government agencies to process financial transactions from April 2019.
The Director of Public Prosecutions (DPP) Renson Ingonga.
Photo credit: Bonface Bogita | Nation Media Group
The court heard that they allegedly registered internet domain names closely resembling those of legitimate companies contracted by government entities before creating deceptive email accounts to trick victims into changing payment instructions.
Prosecutors said the altered payment details redirected funds into bank accounts controlled by the criminal syndicate.
The court further heard that the suspects allegedly recruited several US-based individuals, commonly known as "money mules", to open bank accounts that received proceeds of the fraud amounting to millions of US dollars.
The suspects are then alleged to have directed the money mules on how to wire and launder the proceeds back to Kenya.
The FBI also requested the DCI to trace the suspects' mobile phone numbers, addresses, current locations, criminal records and known associates as part of the cross-border investigation.
