Constitutional law in the extradition process : an examination of the application of the US-Kenya extradition treaty

Abstract

The old Constitution held severe claw back clauses that undermined the very rights it sought to protect.Under that regime, extradition law lacked integral aspects that led to constriction of the person's right to receive a fair trial.The bill of rights, under the new Constitution, guarantees all persons fundamental rights and freedoms.Certain classes of rights are deemed inalienableBy virtue of the freedom from discrimination',fair trial" and equality before the law," these rights are equally available to fugitives due for arrest and extradition. Therefore, any law that touches on the fundamental rights and freedoms of fugitives must be aligned with, and be in consistent to, the safeguards and rights recognised under the Constitution.