pursue a case on somebody when his country of origin does not conform to the other country’s laws on commonwealth treaty and agreement.
This means that Murekezi is free to stay in Malawi but will remain in police custody for a corruption case which he was convicted while waiting sentence.
The ruling comes barely a week after both the defence and state
submitted their observations on the matter.
In his submission, Senior State Advocate Steven Kayuni told the court that in case of Malawi, in line with Section 3 of the extradition Act, the Act gives the minister power to enter into special agreement on extradition.
Kayuni added that the genocide is also extraditable offense under the extradition Act which includes murder as an offense that one can be extradited for killing as it falls under the same murder jurisdiction hence the need to send Murekezi to his own country for trial.
While in his argument Murekezi’s lawyer Wapona Kita hinted that the case was tried using the Malawi’s Extradition Act saying by virtue of issuing of Authority to proceed by the Home Affairs minister as stipulated in the Act, means the case could not continue using Commonwealth treaty when Rwanda is not one of the countries in agreement with Malawi under the Act.
Lawyer Kita observed that even in 1998 when the Act was being
revisited, Genocide had already took place in Rwanda, and that Malawi government didn’t yet include genocide and Rwanda as part of the Act.
Kita went further saying the law is basic and its wake up call to
state, ministers to go and visit the powers and make provisions with Rwanda.
After the ruling, Kayuni told The Maravi Post that the state will work on all errors made in the matter in the view that the case might be revived soon.
On the other hand Kita along side Murekezi’s friends and relatives were over the moon with the judgment saying reasonable grounds worked on the matter.
Murekezi was arrested on December 8, 2016after Rwanda National Prosecution spokesman Nkusi Faustin confirmed that they have been asking Malawi for the extradition of Murekezi from 2009.
Later the state came again with fresh charges that the suspect
absconded court appearance on corruption-related charges, jumped bail and sneaked out to Zimbabwe using a Malawi Passport in 2008