A High Court in Nairobi, Kenya, has ruled that the abduction and rendition of Mazi Nnamdi Kanu from Kenya to Nigeria in June 2021 was unlawful and illegal.
In his judgment, Justice E.C. Mwita declared that both the Nigerian and Kenyan governments violated Kanu’s fundamental human rights as guaranteed by their constitutions.
The court also ordered the Kenyan government to pay 10 million Kenyan shillings in compensatory damages for the gross human rights violations.
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Justice Mwita stated that having lawfully entered Kenya, Kanu was entitled to the protection of the Kenyan Constitution, and his abduction, incommunicado detention, torture, and forcible removal from Kenya violated his rights, including freedom of movement and security of person.
According Justice E.C. Mwita “ 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.
“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 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”
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