A Milimani Court in Nairobi has ordered that three Kenyans, wanted by the United States of America (USA) over multiple financial fraud cases, be detained at Kileleshwa Police Station pending extradition.
Peter Omari, Francis Asanyo and Elvis Obaigwa will remain in custody for two weeks while US authorities channel the formal extradition request through diplomatic and legal channels.
The three suspects were arrested following a warrant issued three years ago by a US court seeking their repatriation to face charges of conspiracy to commit computer intrusions under Title 18, United States Code (USC), Section 371.
The warrants were issued by the US District Court for the Eastern District of Virginia, Richmond Division, under Case No. 3:23-cr-153 on November 15, 2023.
Other charges include conspiracy to commit wire fraud (Title 18 USC Section 1349), wire fraud (Title 18 USC Section 1343), aggravated identity theft, and abetting violations of Title 18 USC Sections 1028A and 2.
“The conduct of the three respondents, as alleged by the US indictment, constitutes serious offences under Sections 28, 29, and 30 of the Computer Misuse and Cybercrime Act, Cap 79C, Laws of Kenya,” the magistrate noted.
Allowing the detention, the court said the Director of Public Prosecutions (DPP) Renson Ingonga had established a case justifying custody of the suspects sought by the USA.
The DPP informed the court that the suspects allegedly fled the US but were arrested through a joint effort involving the Directorate of Criminal Investigations (DCI), Interpol, and the Federal Bureau of Investigation (FBI).
The Director of Public Prosecutions (DPP) Renson Ingonga.
Photo credit: Bonface Bogita | Nation Media Group
“That this Court be pleased to issue a custodial order that the three respondents be detained at Kileleshwa Police Station to enable the DCI to complete investigations into offences committed in the United States of America,” the DPP urged.
During detention, the US law enforcement agencies are expected to submit a formal extradition request through diplomatic channels.
Inspector Joshat Chebon, a DCI detective attached to the Financial Investigations Unit, presented evidence via sworn affidavit that the three suspects were involved in a multi-million-dollar financial fraud scheme.
The suspects, along with co-conspirators, allegedly carried out Business Email Compromise (BEC) and Vendor Account Compromise (VAC) targeting US state and local government financial platforms from April 2019.
“The respondents and co-conspirators registered internet domains deceptively similar to legitimate companies contracting with intended victims,” Inspector Chebon stated.
The court heard that the suspects created email accounts using these domains and used social engineering tactics to trick victims into redirecting payments to accounts controlled by the conspiracy.
Milimani Law Courts in Nairobi.
Photo credit: File | Nation Media Group
They allegedly recruited US-based individuals, called “Money Mules,” to receive the stolen funds and later launder the money back to Kenya.
The FBI requested DCI’s assistance in identifying the suspects’ phone numbers, addresses, previous criminal records, and associates.
In November 2023, a Federal Grand Jury in the US District Court for the Eastern District of Virginia returned an indictment against the suspects.
During the hearing, defense lawyer Ishmaek Nyaribo told the court that the suspects were unwell and reluctant to speak to police investigators.
Counsel Danstan Omari said that suspects have a constitutional right to respond to police questioning. The court ordered the suspects to be escorted to hospital for treatment.
