The Directorate of Public Prosecutions (DPP) has secured a win after the High Court upheld a lower court decision that allowed the extradition of Afghan national Abdul Zahir Qadeer, alias Haji Abdul Zahir, to the United States of America (USA).

Zahir, who is wanted in connection with drug-related offences and is expected to stand trial on the same, was arrested in Nairobi after he had checked into a hotel following an extradition request made to the government of Kenya by the USA.

He was later arraigned before a chief magistrate’s court which, after going through the extradition request, found that the request met the necessary threshold to order Zahir’s removal through an extradition order and ordered he be surrendered to the US.

Aggrieved with the lower court decision, the Afghan national filed a petition of appeal on grounds that the learned magistrate erred by endorsing the extradition request despite him providing compelling evidence showing that the charges against him are politically motivated.

Dismissing Zahir’s appeal, Milimani High Court Judge Alexander Muteti on Wednesday, April 22, 2026, states that the duty to cooperate by States in international law is key to the implementation of multilateral treaties and conventions.

In the detailed judgement, Justice Muteti avers that the cooperation that the USA seeks from Kenya in the instant matter is permissible in law by dint of article 6 of the 1988 United Nations Convention.

“It would be against the spirit of international cooperation to decline the request that the words of the convention be expressed on matters of extradition absent any evidence that the appellant may be subjected to prosecution and punishment on account of his race, religion, nationality or political opinions or subjected to torture,” Judge Muteti ruled.

“As a result, this court finds that there is sufficient legal basis for the extradition of the appellant (Zahir) to the USA to face trial. The appeal therefore fails in its entirety and is hereby dismissed. It is so ordered,” Judge Muteti ordered.