Israella was initially blocked from leaving Malawi for medical treatment in February.
She later died in a Kenyan hospital in March.
The Director of Public Prosecutions (DPP) in Malawi, Steve Kayuni, has declined to comment on accusations surrounding the death of Israella, the daughter of self-proclaimed prophet Shepherd Bushiri and his wife, Mary.
Following Wednesday s court proceedings of the pair s extradition hearing in Malawi, the DPP was probed on the death of the 8-year-old child and made aware that the family blamed Kayuni s office for the delay in the minor child s medical evacuation to Kenya.
In addition, Kayuni was made aware - by a journalist - of reports from her doctors in Kenya that the decision to delay her medical evacuation reduced her chances of survival.
The Lilongwe Magistrate's Court in Malawi has denied the Bushiris' bid to have a request for their extradition dismissed or to have the issue of the SADC Protocol referred to the Constitutional Court.
Kita further requested that having received the determination, the resident magistrate should throw out the extradition request.
When News24 previously probed Kita on what warranted this application, he responded: “It is on the grounds that the SADC (Southern African Development Community) protocol is not part of the laws of Malawi and therefore cannot be used; as a legal basis for extradition.”
When approached again on Monday morning on whether he was using Stalingrad tactics to delay the hearing of the inquiry, he responded: “We are only doing that which the law allows us to do.”
However, the State argues that there is a treaty between South Africa and Malawi from 1972 and the SADC Protocol of 2002.
Bushiris have till Friday to hear outcome of bid to fight SADC Protocol in extradition battle news24.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from news24.com Daily Mail and Mail on Sunday newspapers.
My daughter became victim of persecution we are facing from South Africa iol.co.za - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from iol.co.za Daily Mail and Mail on Sunday newspapers.