Businessman wanted in US over cybercrime charges seeks bail in extradition case

Francis Asanyo is seeking to be admitted to bail or bond on reasonable terms while the case seeking his extradition to the United States is ongoing.

In the application, Asanyo argues that he is a Kenyan citizen by birth with strong family and social ties in the country and therefore poses no flight risk.

He is asking the court to grant him interim bail pending the hearing of the application, and also to release him on bond as the extradition proceedings continue.

Asanyo was arrested on February 15, 2026, over allegations linked to cybercrime offences under United States law, including conspiracy to commit computer intrusions, conspiracy to commit wire fraud and aggravated identity theft.

However, the suspect maintains that the alleged offences are non-violent economic crimes that do not involve physical harm, terrorism or threats to public safety, arguing that this makes pre-trial detention unnecessary.

Through his lawyers led by Danstan Omari, Shadrack Wambui and Cliff Ombeta, he told the court that under Article 49(1)(h) of the Constitution of Kenya, an arrested person has the right to be released on bail or bond on reasonable conditions unless there are compelling reasons to deny such release.

Asanyo also challenged an affidavit filed by an investigating officer opposing his release, saying it relies largely on hearsay evidence derived from foreign investigations and fails to demonstrate compelling reasons such as a real risk of absconding or interference with proceedings.

His lawyer further argued that the INTERPOL Red Notice and indictment issued abroad are merely allegations and do not amount to a conviction.

“There is no compelling reason to deny the respondent bail. With an Interpol red alert, where will the respondent flee to? The respondent is willing to deposit his passport in court,” the lawyer submitted.

Omari also argued that the possible 30-year sentence cited by the prosecution would only arise if the accused is eventually convicted after trial.

“Courts have granted bail even to suspects facing murder charges, which are more serious,” the court heard 

Asanyo denied the accusations and maintained his presumption of innocence. He also offered to comply with strict bail conditions, including surrendering his passport, reporting weekly to a police station, providing sureties and restricting his movement to Nairobi and Kajiado counties.

He further told the court that continued detention would cause undue hardship to his family and interfere with his livelihood as a farmer.

Asanyo was in court together with two others, Peter Omari and Elvis Ombaigwa, who are also wanted in the US.

However, the state opposed the application, arguing that there are compelling reasons to deny bail given the nature of the extradition proceedings.

State counsel Victor Awiti told the court that the risk of the suspect fleeing is heightened in extradition matters, noting that the accused could escape to a country that does not have an extradition treaty with Kenya.

“Considering the nature of the application before you, being an extradition matter, there is a high likelihood that the respondent may flee,” Awiti submitted.

He added that extradition is founded on bilateral and multilateral treaty arrangements that require Kenya to surrender suspects to jurisdictions with which it has extradition agreements.

Awiti argued that denying bail at this stage would enable Kenya to comply with its international obligations under such treaties.

The prosecution further cited the seriousness of the offences and the potential sentence of up to 30 years in prison if convicted, saying the harshness of the possible punishment increases the risk of the accused absconding.

The state also raised concerns that the suspects could interfere with electronic evidence linked to the alleged cybercrime activities if released.

The court is expected to rule on the bail application after considering the arguments from both sides.