The Director of Public Prosecution has opposed an appeal by fugitive Abdulrahman Imran Juma alias Abdul Rahaman against his extradition.
Juma was to be extradited to the United States of America to face justice.
The appeal was opposed through an affidavit filed by Senior Assistant Director of Public Prosecution, Catherine Mwaniki.
Juma is wanted in the United States District Court for the Central District of California to face charges of conspiracy to commit wired fraud.
He is also charged with conspiracy to commit money laundering and aggravated identity theft.
The affidavit stated that it is the contention of the DPP that the fugitive should not appeal his extradition as he is not a convicted criminal tried in Kenya.
Senior Assistant Director of Public Prosecution Vincent Monda, alongside PPC Njoki Kihara and PPC Magdalene Nduati led the prosecution.
The prosecution stated that Hon. Wendy Micheni, had granted the fugitive 15 days to move to the High Court to file a habeas corpus application to the issue of direction on his extradition.
The prosecution argued that there is no express provision of appeal arising out of the decision of the Magistrate.
Adding that ODPP had measured up to the relevant provisions and precedents regarding the manner in which extradition proceedings ought to be conducted.
Judge Daniel Ogembo adjourned the hearing of the appeal to allow the defense to respond to the affidavit.
He also extended the interim order against the execution of the extradition order awaiting the hearing and determination of the appeal.
The fugitive is being detained at Gigiri Police Station as he awaits his hearing on October 28.
