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The government’s bid to block an application that it produces Nigerian Anthony Chinedu after he was deported has been overruled and hearing set for Sept 19.
After he was deported, Mr Chinedu’s lawyers moved to court to compel the government to produce him on grounds that he was kicked out unprocedurally.
In the case, Chinedu’s lawyers Nelson Havi and Edward Osundwa want the state compelled to “produce” him in court or else “explain why he cannot be produced” in light of a pending determination of the petition he lodged challenging his extradition.
They have built the case on an order issued by the high court that required he be present in the country till his cases were heard and determined.
The lawyers say “extradition proceedings must be filed before a court of law and that its only a court which has jurisdiction to declare an individual as an unwanted immigrant.”
On Monday the State wanted the application shelved arguing that he is not in the country.
The Nigerian drug lord is suspected to have sneaked back into the country on Tuesday using a fake name.
Mr Chinedu is said to have returned through Namanga on the Kenya/Tanzania border using the name of Anaeke Chimenze, another drug lord who was also expelled last month.
This prompted police to launch a manhunt in Nairobi where he reportedly owns houses and businesses acquired with contraband money and enjoys protection from rogue security officers.
On Thursday, a senior CID officer, who could not be named for protocol reasons, told the Saturday Nationthat the Nigerian drug kingpin had returned into the country using forged identity.-nation.co.ke