A Nairobi court has allowed the extradition of an Afghani politician to the USA where he is wanted for drug trafficking and illegal possession of firearms charges.
Senior principal magistrate Ben Mark Ekhubi allowed the application by Director of Public Prosecution Renson Ingonga for Abdul Haji Zahir to be extradited to the USA to face the charges.
The magistrate said from the evidence presented alongside the application, he was satisfied that there was cogent evidence that establish a link between the Afghani and the offences he will face at the trial.
“I say so because there was demonstrable communication ex facie between the Respondent (Zahir) and a confidential source (CS-1) working at the direction of the Drug Enforcement Administration (DEA) including recorded communications and significantly, seizure of narcotics,” the court said.
The magistrate said the evidence shows with specificities how the negotiations commenced, and give blow-by-blow account how it progressed, payments made of $14,000, requisition, procurement and ultimately seizure of the two kilogrammes of methamphetamine.
“I find the application to be merited and I hereby allow the same as prayed,” the magistrate said.
Magistrate Ben Mark Ekhubi, of the Milimani Law Courts in Nairobi.
Photo credit: Richard Munguti | Nation Media Group
Mr Zahir had opposed the application 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.
Zahir said he was previously an elected to member of the national assembly, rising to the position of First Deputy Speaker and he viciously opposed USA’s interference in Afghanistan.
But Mr Ekhubi said the extradition court was not the trial court to determine whether he was guilty or not.
The magistrate added that it was not under his purview to enquire into the merits of the charges to be preferred.
“Instead, the magistrate must assess whether there is sufficient evidence establishing a prima facie link between the individual and the alleged offense to warrant extradition. More fundamentally, is that if there is some evidence which discloses a connecting factor between the Respondent and the alleged offences, then I should issue orders sought,” he said.
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.
'Ideological differences'
The USA sought his arrest and surrender to face charges of narcotics importation conspiracy, possession of machine guns and destructive devices and conspiracy to possess machine guns and destructive devices.
Mr Zahir was arrested at a hotel in Nairobi on April 14, after allegedly travelling to Kenya for business.
He opposed the application submitting that his intended extradition was triggered by his long-standing opposition to the US ideological imposition on Afghan nationals.
“It is well documented, and the court takes judicial notice that there is no love lost between the United States of America (the U.S.) and Afghanistan,” he said through his lawyer.
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.
