A former Afghani official wanted for drug trafficking and illegal trade in firearms has lost a bid to stop his extradition to the USA where he will face charges.
Ordering the extradition of Abdul Zahir Qadir alias Haji Abdul Zahir, the court said Kenya is a signatory to the International treaty to fight the sale and use of drugs and therefore “the request by USA to have the Kenya Government hand over the fugitive to face justice has merit”
The High Court upheld the judgement of a trial magistrate last year, which had allowed the extradition of Zahir to the USA.
Zahir was previously an elected to member of the national assembly, rising to the position of First Deputy Speaker where he said he vociferously opposed USA’s interference in Afghanistan.
The fugitive through lawyer Edward Oonge had opposed his extradition saying Kenya and USA does not have an extradition treaty for fugitives sought for offences committed in either country.
Zahir had urged the High Court to quash the magistrate’s decision giving nod to the request by USA through the Kenyan Attorney General to allow his extradition to face prosecution for trafficking large quantities of drugs to both USA and South Africa
The appeal was vehemently opposed by the Director of Public Prosecutions (DPP) Renson Ingonga who argued that the Constitution recogonizes international treaties to which Kenya is a signatory.
The DPP submitted the international law and treaties have been domesticated and therefore "the plea by USA to have Zahir extradited to face justice is meritorious and not frivolous."
Afghan national Abdul Zahir Qadir when he appeared in a Nairobi court.
Photo credit: Sam Kiplagat | Nation Media Group
In his judgement the trial judge said Kenya cannot abdicate its duty in the fight against drugs trafficking and illegal arms dealings.
The judge said the lower court properly applied the law when it ordered Zahir to be extradited to face trial in USA.
“I find and hold that the decision to hand over Zahir to the US Authorities is proper and legally binding since Kenya is a signatory to the international treaties on the fight against drug trafficking,” ruled the court.
The court also noted that upon receiving the request to hand over Zahir, Attorney General Dorcas Oduor affixed the Government Seal thereby authenticating Nairobi's position on the matter thereby acceding to the request.
The court the 1931 treaty between Kenya, USA and the Britain for extradition was also applicable although the jurisprudence has been developed.
Mr Zahir opposed his extradition arguing that he was a law-abiding citizen with no criminal history, and was currently leading various civil, academic, and political organisations in Afghanistan.
The law graduate from the University of Pakistan said his father, Abdul Qadir, was a senior government official and was assassinated for political reasons.
Mr Zahir added that the application for his extradition was flawed and is a veiled attempt to persecute him on politically motivated grounds, contrary to the laws of Kenya, constitutional safeguards, and principles of international justice.
The USA sought his arrest and surrender to face charges of narcotics importation conspiracy, possession of machineguns and destructive devices and conspiracy to possess machineguns and destructive devices.
The court noted that the warrants for his arrest were issued by the US District Court for the Southern District of New York on March 25, 2025.
Mr Zahir was arrested at a hotel in Nairobi on April 14, after allegedly traveling to Kenya for business.
