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Kenyan Businessmen Fight Extradition to U.S. Over Cybercrime Allegations

A Kenyan businessman wanted by authorities in the United States over alleged cybercrime activities has asked a Nairobi court to release him on bail as extradition proceedings against him continue.

The suspect, Francis Asanyo, is seeking to be admitted to bail or bond on reasonable terms while the court determines whether he should be extradited to the United States to face trial.

Asanyo was arrested on February 15, 2026, following allegations linked to cybercrime offences under US law, including conspiracy to commit computer intrusions, conspiracy to commit wire fraud, and aggravated identity theft.

The charges result from an indictment filed before the United States District Court for the Eastern District of Virginia.

Through his lawyers Danstan Omari, Shadrack Wambui, and Cliff Ombeta, the businessman argued that he should be released because he is a Kenyan citizen with strong family and social ties in the country.

The defence cited Article 49(1)(h) of the Constitution of Kenya, which guarantees arrested persons the right to bail unless there are compelling reasons to deny it.

“There is no compelling reason to deny the respondent bail. With an INTERPOL red alert, where will the respondent flee to? The respondent is willing to deposit his passport in court,” lawyer Omari told the court.

Asanyo further argued that the alleged offences are non-violent economic crimes that do not involve terrorism, threats to public safety, or physical harm. He also offered to comply with strict bail conditions, including surrendering his passport, reporting weekly to a police station, providing sureties, and restricting his movement to Nairobi and Kajiado counties.

The businessman told the court that continued detention would cause hardship to his family and disrupt his livelihood as a farmer.

He appeared in court alongside two other suspects, Peter Omari and Elvis Ombaigwa, who are also wanted by US authorities over similar allegations.

However, the prosecution opposed the bail application. State counsel Victor Awiti argued that extradition matters carry a higher risk of suspects fleeing the country.

“Considering the nature of the application before you, being an extradition matter, there is a high likelihood that the respondent may flee,” Awiti submitted.

The prosecution further argued that Kenya must honour its international obligations in combating transnational crime and cooperating with foreign governments seeking the extradition of suspects.

Investigators also raised concerns that the accused could interfere with electronic evidence linked to the alleged cybercrime activities if released.

The court is expected to rule on the bail application after reviewing submissions from both the defence and the prosecution, a decision that could shape the next steps in the high-profile international cybercrime case.

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