Two Kenyan nationals facing serious cybercrime charges in the United States have moved to block their extradition, telling a Nairobi court that their continued detention is unlawful and violates their constitutional rights.
Peter Omari and Francis Osanyo are wanted by U.S. authorities following an indictment by the United States District Court for the Eastern District of Virginia on multiple counts linked to sophisticated cyber-enabled fraud. The charges include conspiracy to commit computer intrusions, conspiracy to commit wire fraud, aggravated identity theft, and aiding and abetting. All were brought under Title 18 of the United States Code.
U.S. Indictment and Arrest Warrant
Court documents indicate that the indictment was returned by a federal grand jury sitting in Richmond, Virginia, in November 2023. An arrest warrant was subsequently issued under Case No. 3:23-cr-153. As a result, this paved the way for international cooperation to secure the suspects’ arrest and possible transfer to the United States.
DCI Seeks Custodial Orders
In Kenya, the Directorate of Criminal Investigations (DCI) has applied for custodial orders to detain the two suspects at Central Police Station for up to 14 days. According to the application before the Nairobi court, the detention period is intended to allow investigators to finalize local inquiries. Additionally, it gives U.S. authorities time to submit a formal extradition request through diplomatic channels.
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Prosecutors told the court that the offences outlined in the U.S. indictment would also constitute crimes under Kenyan law. Specifically, Sections 28, 29, and 30 of the Computer Misuse and Cybercrimes Act criminalize unauthorized access to computer systems, cyber fraud, and identity-related offences.
INTERPOL Red Notice Issued
The prosecution further disclosed that an INTERPOL Red Notice has been issued against the two suspects. This signals that they are wanted internationally. It also alerts law enforcement agencies worldwide to locate and provisionally arrest them pending extradition.
Suspects Challenge Detention
Through their lawyers, Omari and Osanyo have urged the court to decline the request for continued detention. They argue that no compelling reasons have been presented to justify their imprisonment. Furthermore, they contend that their fundamental rights—particularly the right to liberty and fair administrative action—have been violated. They also argue that holding them without a formal extradition request on record is unconstitutional.
What Happens Next
The Nairobi court is expected to determine whether the DCI can lawfully hold the suspects as extradition proceedings take shape. If the court grants the custodial orders and the United States submits a formal request, the matter would proceed under Kenya’s Extradition (Contiguous and Foreign Countries) Act. This could potentially set the stage for their transfer to face trial in the U.S.
The case highlights Kenya’s growing role in cross-border cybercrime enforcement. Authorities are increasingly collaborating with international partners. This helps to tackle computer-related offences with global reach.
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