The Lilongwe Senior Resident Magistrate Court has dismissed an extradition case involving a Rwandan genocide convict Vincent Murekezi to the delight of his lawyer and his family in the country.
The development comes barely weeks after the High Court convicted Murekezi of corruption.
Appearing in court on Tuesday, Magistrate Patrick Chirwa dismissed the case on the grounds that Rwanda is not one of the designated countries that are mentioned in the Extradition act of Malawi laws.
Chirwa said it is up to the state to revise the act and include Rwanda as designated country.
Chirwa’s ruling was in line with the submission made by the defence team led by Wapona Kita told the court that the case at hand is being tried using the Extradiction act of Malawi and by virtue of the issuing of Authority to proceed by the Home affairs minister as stipulated in the act, the case can’t continue using the Commonwealth treaty if Rwanda is not one of the countries in agreement with Malawi under the act.
Kita argued that even in 1998 when the act was being revisited genocide had already took place in Rwanda, Malawi government still didn’t include genocide and Rwanda part of the act.
Speaking after the ruling, Kita said he expected the ruling to be as such.
The development means that Murekezi will not be extradited as per wish of the Civil Society Organizations in the country.
Meanwhile lawyer for the state Steven Kayira said they will likely come back to the court with the matter if the Malawi government enters into the agreement with Rwanda and gazzeted in the Extradition Act.
