Kenyan Court declares Nnamdi Kanu’s rendition to Nigeria illegal

Kenyan Court declares Nnamdi Kanu’s rendition to Nigeria illegal

By Jeffrey Agbo

A High Court in Nairobi, Kenya, has ruled that the 2021 abduction and extraordinary rendition of Indigenous People of Biafra (IPoB) leader, Mazi Nnamdi Kanu, was unlawful and a gross violation of his rights under Kenyan and international law.

In the judgement delivered at the Milimani High Court, Justice E.C. Mwita declared that the actions taken against Kanu — including his forced transfer to Nigeria — were unconstitutional.

“The abduction, incommunicado detention, torture, and illegal transfer of Mazi Nnamdi Kanu from Kenya to Nigeria in June 2021 was unlawful, unconstitutional, and a gross violation of his fundamental human rights under Kenyan and international law,” the judge ruled.

The verdict was delivered in a fundamental rights enforcement suit (HCCHRPET/E359/2021) filed by Kingsley Kanu, the brother of the separatist leader. The legal team was led by renowned Kenyan lawyer and professor, PLO Lumumba.

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The court found multiple Kenyan government agencies and officials culpable, including the Cabinet Secretary for the Ministry of Interior & Coordinator of National Government, the Director of Immigration Services, the Director of Criminal Investigations, the Officer Commanding Police Division at Jomo Kenyatta International Airport, the Attorney General of Kenya, and 10 others.

Justice Mwita found that “Mazi Kanu was abducted without any lawful cause; tortured and detained incommunicado in violation of the Kenyan Constitution”, and affirmed that “his removal from Kenya was unconstitutional and illegal”.

The judge further held that the Kenyan government acted in concert with Nigerian authorities in carrying out the operation.

As a consequence, the court awarded Nnamdi Kanu compensatory damages of 10 million Kenyan shillings for the violation of his rights.