Mr Devani lost his appeal against the extradition at the Court of Appeal in a case described as one “with a complicated and unsatisfactory procedural history”.
Mr Devani challenged both requests, which ended up with drawn-out proceedings in a UK magistrate court.
“One of Mr Devani’s grounds of challenge to his extradition was that prison conditions in Kenya are such that his detention, whether on remand or following any eventual sentence, would be in contravention of the European Convention on Human Rights,” the judgment reads.
The Divisional Court upheld the magistrate court’s ruling “because the Commissioner of Prisons in Kenya and its Director of Public Prosecutions wrote formal letters of assurance to the Home Office stating that Mr Devani would be detained at Kamiti prison, where accommodation and facilities are convention-compliant and where he would have a cell to himself”.
“Mr Devani relied on the Refugee Convention and a contention that, notwithstanding the assurances relied on by the district judge in the extradition proceedings, the prison conditions in Kenya do not comply with the European convention,” the judgment reads.
