An Analysis Of The Law Of Extraditin The Case Study Of Kenya

ABSTRACT

This discussion on extradition was prompted by our public international law lectures in third year

(2008/2009 Academic year) with Dr. Muwolobi Dan

It concerned me that a person who had committed a crime could escape prosecution simply by

crossing borders and going into another State where he became protected by the law of

extradition.

I felt that there might be a miscarriage of justice involved in such a regime and decided to

investigate the same in a dissertation. What I found was a most interesting branch of

international law that balances the rights of several parties after the commission of an offence i.e.

the rights of the international community in seeing that justice is upheld, the rights of the host

State, the rights of the requesting State and the rights of the fugitive.

This is therefore a discussion on the nature of extradition and an investigation into why it

protects the rights of the fugitive as is discussed in the third Chapter. The primary theme is to

understand why an important a branch of law as extradition does not suffice to prevent the use of

extraordinary rendition by States in dealing with transnational fugitives.

The discussion will be most interesting.

Muchemi Joseph