Rendition of Nnamdi Kanu to Nigeria illegal – Kenyan court

A Nairobi-based High Court has ruled that the 2021 abduction and transfer of  Nnamdi Kanu from Kenya to Nigeria was unlawful and unconstitutional.

Justice E.C. Mwita, delivering the verdict, held that the actions of both the Kenyan and Nigerian governments constituted grave violations of Kanu’s constitutional rights.

The court ordered the Kenyan government to pay Kanu 10 million Kenyan shillings in damages.

“Having considered the pleadings and arguments by parties, the decisions relied on, the Constitution and the law, I come to the following conclusions,” Justice Mwita stated in the judgment.

“First, the government of Kenya violated the Constitution and Mr. Nnamdi Kanu’s rights and fundamental freedoms. Having entered Kenya lawfully he was subject to the protection offered by the Constitution of Kenya 2010 and the government of Kenya had an obligation to uphold and protect his rights and fundamental freedoms.”

The court in a  judgement delivered on 24th June, found that Kanu was abducted, placed in solitary confinement, subjected to torture, and deprived of basic necessities including food and medication. He was subsequently handed over to Nigerian authorities without following legal extradition procedures.

“Mr. Nnamdi was however abducted, kept in solitude confinement, tortured and denied food and medication, a breach of basic rights. He was chained, humiliated, ridiculed and held in contempt and later forcibly removed from Kenya without following the law in violation of his rights and fundamental freedoms for which the government of Kenya is liable,” the judge added.

In its orders, the court declared: “A declaration is hereby issued that the abduction of Mr. Nwannekaenvi Nnamdı Kenny Okwu Kanu; holding him in incommunicado confinement, torturing him and denying him food, water, medication and other basic necessities was a violation of his rights and fundamental freedoms.

“A declaration is hereby issued that the abduction and subsequent forcible removal of Mr. Nwannekaenvi Nnamdi Kenny Okwu-Kanu from Kenya to Nigeria was in violation of the laws of Kenya; his rights and fundamental freedoms, including freedom of movement and security of the person guaranteed by the Constitution of Kenya, 2010 and, therefore, unconstitutional and illegal.

“An order for compensation is hereby issued awarding Mr. Nwannekaenvi Nnamdi Kenny Okwu-Kanu general damages of Kshs 10,000,000 against the Attorney General of Kenya on behalf of the government of Kenya for the violation of Mr. Nwannekaenvi Nnamdi Kenny Okwu-Kanu’s constitutional rights and fundamental freedoms.”