REASONS
(Pursuant to Rule 28(2) of the Supreme Court Rules, 2020)
A. Introduction
This appeal was finally heard on October 21, 2021 after having been in the justice system for ten years, a period this court derided. The court raised concerns over this delay because the central issue in dispute that has involved all four tiers of the courts is the question of interpretation of the Constitution as to which office between the Attorney General (AG) and the Office of the Director of Public Prosecution (ODPP) has the mandate to process an extradition request. Bearing in mind this inordinate delay which does not augur well with the tenets of judicial efficiency as decreed by article 159(2)(b) of the Constitution that “justice shall not be delayed” the court delivered a shortened version of the Judgment on November 5, 2021.
In the said ex tempore judgment delivered on November 5, 2021 this court found the appeal turned on four issues, namely: -
i .Whether extradition proceedings in Kenya are crimi…