A Excessive Court docket in Nairobi has dominated that the switch of Mazi Nnamdi Kanu from Kenya to Nigeria in June 2021 was unlawful and unconstitutional.
Delivering judgment, Justice E.C. Mwita declared that the Kenyan authorities violated Kanu’s basic rights through the course of that led to his rendition.
“Having thought of the pleadings and arguments by events, the choices relied on, the Structure and the regulation, I come to the next conclusions,” the decide acknowledged.
“First, the federal government of Kenya violated the Structure and Mr. Nnamdi Kanu’s rights and basic freedoms. Having entered Kenya lawfully, he was topic to the safety supplied by the Structure of Kenya 2010 and the federal government of Kenya had an obligation to uphold and defend his rights and basic freedoms.
“Mr. Nnamdi was nevertheless kidnapped, saved in solitude confinement, tortured and denied meals and drugs, a breach of fundamental rights. He was chained, humiliated, ridiculed and held in contempt and later forcibly faraway from Kenya with out following the regulation in violation of his rights and basic freedoms for which the federal government of Kenya is liable,” Justice Mwita dominated.
The courtroom awarded Kanu normal damages of 10 million Kenyan shillings as compensation for the rights violations.
“Primarily based on the above conclusions, the courtroom makes the next declarations and orders it considers applicable;
“A declaration is hereby issued that the kidnapping of Mr. Nwannekaenvi Nnamdi Kenny Okwu Kanu; holding him in incommunicado confinement, torturing him and denying him meals, water, medicine and different fundamental requirements was a violation of his rights and basic freedoms.
“A declaration is hereby issued that the kidnapping and subsequent forcible removing of Mr. Nwannekaenvi Nnamdi Kenny Okwu-Kanu from Kenya to Nigeria was in violation of the legal guidelines of Kenya; his rights and basic freedoms, together with freedom of motion and safety of the particular person assured by the Structure of Kenya, 2010 and, due to this fact, unconstitutional and unlawful.
“An order for compensation is hereby issued awarding Mr. Nwannekaenvi Nnamdi Kenny Okwu-Kanu normal damages of Kshs 10,000,000 in opposition to the Legal professional Common of Kenya on behalf of the federal government of Kenya for the violation of Mr. Nwannekaenvi Nnamdi Kenny Okwu-Kanu’s constitutional rights and basic freedoms,” the decide added.
The ruling follows Kanu’s authorized problem over his arrest and switch from Kenya to Nigeria with out due course of.