Kenyan High Court Rules Rendition of Nnamdi Kanu to Nigeria Illegal, Ordered Kenyan Govt to pay damages

DDM News

In a landmark judgment, a High Court in Nairobi has ruled that the 2021 transfer of Nnamdi Kanu from Kenya to Nigeria was unlawful.

Diaspora Digital Media (DDM) reports that Justice E.C. Mwita, delivering the ruling, declared that the Kenyan government violated both its own constitution and Kanu’s fundamental rights during the operation.

According to the judge, the Indigenous People of Biafra (IPOB) leader entered Kenya lawfully and was therefore entitled to the full protection guaranteed under the country’s 2010 Constitution.

However, Kanu was abducted, detained in solitary confinement, subjected to torture, denied food and medical care, and later forcibly removed from Kenya without adherence to legal procedures.

The court stated that these actions amounted to severe breaches of his human rights and were therefore both unconstitutional and illegal.

Justice Mwita said, “Mr. Nnamdi was abducted, kept in solitude confinement, tortured and denied food and medication… later forcibly removed from Kenya without following the law.”

He emphasized that these acts not only violated Kanu’s personal freedoms, including his rights to security and movement, but also placed legal liability squarely on the Kenyan government.

The court consequently awarded Kanu general damages of 10 million Kenyan Shillings (approximately ₦110 million or $77,000) as compensation for the gross violations of his rights.

The judgment included a series of formal declarations condemning the Kenyan authorities for what the court described as unconstitutional conduct.

Among the court’s declarations were that:

The abduction and incommunicado detention of Mr. Nwannekaenvi Nnamdi Kenny Okwu Kanu constituted gross violations of his fundamental rights.

The forcible removal of Kanu from Kenya to Nigeria was in violation of Kenyan laws and international protocols governing extradition.

The Kenyan government, through its Attorney General, is ordered to pay damages for these violations.

This ruling came in response to Kanu’s legal challenge against his arrest and extraordinary rendition from Kenya to Nigeria in June 2021.

At the time, Kanu, who was facing terrorism-related charges in Nigeria, was arrested under murky circumstances in Kenya and flown to Nigeria in a covert operation that bypassed extradition laws.

The incident sparked international outrage and raised questions about cross-border abductions and state-led human rights abuses in East and West Africa.

Lawyers and human rights advocates have repeatedly condemned the rendition, arguing it was a clear case of enforced disappearance and illegal transfer of a political figure.

Kanu, through his legal team, sought redress in Kenyan courts, maintaining that he was tortured and held without access to legal or medical assistance before being handed over to Nigerian authorities.

Reacting to the ruling, legal analysts say the decision marks a significant step in the international legal discourse on extraordinary renditions and sets a precedent for accountability in Africa.

They noted that this judgment affirms that no government is above the law when it comes to respecting the fundamental rights of individuals, even in matters involving alleged national security threats.

The IPOB leader remains in detention in Nigeria, where he continues to face charges brought against him by the Federal Government.

Kanu’s supporters have welcomed the Kenyan court’s ruling as vindication of their long-standing claim that his arrest and transfer were illegal.

Human rights groups are now urging both the Nigerian and Kenyan governments to respect the court’s verdict and uphold international human rights obligations.

In Nigeria, the case continues to be a polarizing issue, sparking debates on due process, national security, and the legal treatment of separatist figures.

The ruling is expected to further complicate diplomatic and legal discussions surrounding Kanu’s status and may influence ongoing legal proceedings in Nigeria.

Legal observers say this development could also trigger calls for international investigation and scrutiny of similar renditions involving African states.

Kanu’s legal representatives have expressed hope that the decision will bring pressure to bear on the Nigerian government to reconsider its position and pursue a lawful resolution to the matter.

As the legal and political dimensions of this case unfold, the international community is likely to pay closer attention to the cross-border operations of African security agencies.

DDM will continue monitoring developments onthis critical case with regional and global implications.

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