A high court in Kenya has declared that the rendition of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), from Nairobi to Nigeria in 2021 was unlawful, unconstitutional, and a violation of his fundamental human rights.
Delivering judgment on Tuesday, Justice E.C. Mwita ruled that the Kenyan government failed in its constitutional duty to protect Kanu, who lawfully entered the country, and instead colluded with external actors in a covert operation that resulted in his illegal detention and transfer.
The court ruled that Kanu’s abduction, incommunicado confinement, torture, and denial of access to food, water, medication, and legal representation constituted serious violations of his rights as protected under the Kenyan Constitution.
The judge also granted Kanu N110 million (Kshs 10 million) in general damages and ordered the attorney-general of Kenya to cover the cost of the litigation.
“The constitution is clear that the Bill of Rights binds not only state organs, but every person within the territory of Kenya. In that regard, Mr. Nnamdi Kanu’s rights were recognised and protected by our Bill of Rights,” the judge said.
“Those arresting him had a constitutional duty to inform him the reason for the arrest and had to produce him in a court of law in Kenya within 24 hours following the arrest.
“It is my finding and, I so hold, that the covert operation to abduct and forcibly remove Nnamdi Kanu from the territory of Kenya, was done with the Knowledge, connivance, complicity and tacit approval of not only the government of Kenya, but also those in charge of the security of the country.
“The operation having been executed without any attempt to comply with the Constitution and the laws of Kenya, the government of Kenya failed to respect, uphold and defend the Constitution and the law. Instead, it allowed violation of Mr. Nnamdi’s rights and fundamental freedoms in breach of fundamental values of the rule of law, human rights and accountability for which the government must be held liable.
“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 Attorney General shall also pay the costs of the petition and interest.”
Kanu’s brother, Kingsley Kanu, had filed the petition in Nairobi, naming as respondents the cabinet secretary of the ministry of interior, the director of immigration services, the director of criminal investigations, the officer commanding police division at Jomo Kenyatta International Airport, and the attorney general.
Mwita said the state actors involved failed to produce Kanu before a court within 24 hours of arrest, as mandated by law, and instead enabled a foreign rendition without due process.
“Whether Kanu entered the country legally or not, he was to enjoy his rights and fundamental freedoms and was to be treated fairly and justly as required by the Constitution and the law. If, for any reason, he was to be arrested, the arrest had to be lawful,” the judge ruled.
Recall that Kanu has been in the custody of the DSS since he was re-arrested in Kenya and extradited to Nigeria in 2021. He has been facing trial bordering on treasonable felony.
In 2017, the court granted Kanu bail on the charges filed against him by the federal government.
However, the court revoked his bail and issued a bench warrant for his arrest after he failed to show up in court as required.
In April 2022, Justice Binta Nyako struck out eight of the 15 counts in the charge sheet.
The remaining seven counts were also quashed by the court of appeal on October 13, 2022, with the judge ordering Kanu’s release.
However, on October 28, 2022, the court of appeal granted a stay of execution on its verdict discharging Kanu after the federal government filed an appeal at the supreme court.
