*Awards Kshs10m as damages to Kanu
A High Court in Nairobi has ruled that the transfer of Mazi Nnamdi Kanu from Kenya to Nigeria in June 2021 was illegal and unconstitutional.
Delivering judgment, Justice E.C. Mwita declared that the Kenyan government violated Kanu’s fundamental rights during the process that led to his rendition.
“Having considered the pleadings and arguments by parties, the decisions relied on, the Constitution and the law, I come to the following conclusions.
“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.
“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,” Justice Mwita declared.
The court awarded Kanu general damages in the sum of 10 million Kenyan shillings as compensation for the rights violations.
“Based on the above conclusions, the court makes the following declarations and orders it considers appropriate;
“A declaration is hereby issued that the abduction of Mr. Nwannekaenvi Nnamdi 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,” the judge stressed.
The judgment follows Kanu’s challenge of his arrest and transfer from Kenya to Nigeria without due process in the country’s judicial system.
