A Kenyan businessman wanted by the United States over alleged cybercrime activities has petitioned a Nairobi court to release him on bail while extradition proceedings are underway.
Francis Asanyo, arrested on February 15, 2026, is seeking interim bail or bond on reasonable terms, arguing that he is a Kenyan citizen by birth with strong family and social ties in the country, and therefore poses no flight risk.
Charges and Legal Arguments
Asanyo faces allegations under US law, including:
- Conspiracy to commit computer intrusions
- Conspiracy to commit wire fraud
- Aggravated identity theft
Through his lawyers Danstan Omari, Shadrack Wambui, and Cliff Ombeta, Asanyo argued that the alleged offences are non-violent economic crimes, not involving terrorism or threats to public safety, making pre-trial detention unnecessary.
Citing Article 49(1)(h) of the Constitution of Kenya, the lawyers argued that an arrested person has the right to be released on bail or bond unless there are compelling reasons to deny it. They challenged the prosecution’s affidavit opposing bail, describing it as largely hearsay evidence from foreign investigations.
Omari emphasized that the INTERPOL Red Notice and foreign indictment are merely allegations and do not amount to a conviction. The defence also offered strict bail conditions, including:
- Surrendering passports to the court
- Weekly reporting to a police station
- Providing sureties
- Restricting movement to Nairobi and Kajiado counties
Asanyo also noted that continued detention would disrupt his livelihood as a farmer and cause undue hardship to his family.
State Opposes Bail
The prosecution, represented by Victor Awiti, argued that extradition matters carry a heightened flight risk, pointing out that the accused could flee to countries without extradition treaties with Kenya.
Awiti cited Kenya’s international obligations under bilateral and multilateral extradition treaties, as well as the serious nature of the alleged offences, which carry a potential sentence of up to 30 years if convicted. The state also expressed concern that the suspects could interfere with electronic evidence if released.
The businessman appeared in court alongside Peter Omari and Elvis Ombaigwa, who are also wanted by the US.
The court is expected to rule on Asanyo’s bail application after considering arguments from both the defence and the prosecution.
If you want, I can also create ready-to-post social media content for X, Facebook, and Threads, highlighting this high-profile extradition case to drive traffic to Mulembe Times.
Do you want me to do that next?
