Kenya High Court Approves Extradition of Former Afghan MP Zahir Qadir to US on Drug and Weapons Charges

NAIROBI-Kenya’s High Court has upheld the extradition of former Afghan parliamentarian Abdul Zahir Qadir to the United States, where he faces serious charges of drug trafficking and illegal weapons possession.

The ruling, delivered by Milimani High Court Judge Alexander Muteti, affirmed a lower court’s decision and dismissed Qadir’s appeal, clearing the way for his transfer to U.S. authorities. The judge ruled that Kenya is bound by international obligations to combat the illicit drug and arms trade, and that extradition could proceed even in the absence of a bilateral treaty between Kenya and the United States.

Arrest and Charges

Qadir, a former deputy speaker of Afghanistan’s Wolesi Jirga (lower house of parliament) who represented Nangarhar province, was arrested at a hotel in Nairobi in May 2025 following a U.S. warrant issued by a federal court in New York. U.S. prosecutors accuse him of conspiracy to import narcotics and possession of heavy weapons charges that could carry significant prison sentences if proven.

The alleged offences are said to have occurred between November 2024 and March 2025. While it was initially assumed the case might relate to the period of U.S. military presence in Afghanistan, court documents have not clarified whether the alleged activities took place inside Afghanistan, in Kenya, or across international borders.

Legal Arguments and Ruling

Qadir’s legal team argued that no extradition treaty exists between Kenya and the United States, and that the charges were politically motivated an assertion echoed by his family. However, Judge Muteti rejected these arguments, stating that the duty of states to cooperate under international law is central to implementing multilateral treaties and conventions. He noted that extradition can proceed under generally accepted principles of international law, even without a bilateral agreement.

“Kenya is a signatory to multiple international conventions targeting transnational crime, including drug trafficking networks that operate across Africa, the Middle East, and beyond,” the judge said, affirming an earlier court decision.

Political Context and Next Steps

Qadir, who served as a member and deputy speaker of Afghanistan’s parliament before the Taliban takeover in 2021, has consistently called the accusations politically motivated. Following the ruling, his lawyer announced plans to challenge the decision in a higher court.

Analysts note that the case highlights expanding international cooperation on law enforcement, even as political sensitivities remain around former officials linked to Afghanistan’s previous Western-backed government. The United States has increasingly pursued foreign suspects tied to global narcotics and arms smuggling, often seeking extradition through bilateral and multilateral frameworks.

Broader Implications

Qadir’s extradition, if ultimately carried out, would mark one of the highest-profile cases of a former Afghan official being sent to the U.S. for trial from a third country. The case also underscores Kenya’s growing role as a hub for international legal cooperation, given its strategic location and membership in UN conventions against organized crime.

For now, Qadir remains in custody in Nairobi as his legal team prepares for a final appeal.

Our Pashto-Dari Website

  Donate Here