A High Court in Nairobi has ruled that the 2021 transfer of Nigerian separatist leader Mazi Nnamdi Kanu from Kenya to Nigeria was unlawful and unconstitutional, finding the Kenyan government responsible for serious human rights violations during the process.
Justice E.C. Mwita, delivering judgment, held that the Kenyan authorities breached Kanu’s fundamental rights by abducting him, detaining him incommunicado, and forcibly handing him over to Nigeria without following legal extradition procedures.
“After reviewing the pleadings, submissions, relevant legal precedents, and constitutional provisions, I arrive at the following conclusions,” Justice Mwita stated. “First, the Kenyan government breached the Constitution and violated Mr. Nnamdi Kanu’s fundamental rights. He entered Kenya lawfully and was entitled to the protection of the Constitution of Kenya, 2010. The state had a duty to safeguard his rights and freedoms.”
According to the judgment, Kanu was abducted, held in solitary confinement, subjected to torture, and deprived of food and medical care amounting to cruel, inhuman, and degrading treatment. The court found that he was restrained in chains, humiliated, and eventually removed from Kenya in flagrant violation of both domestic and international law.
Justice Mwita declared:
“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 further 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 Kenyan law, his rights to freedom of movement and personal security under the Constitution of Kenya, 2010, and was therefore unconstitutional and illegal.”
As part of the ruling, the court awarded Kanu 10 million Kenyan shillings (approximately $78,000) in general damages to be paid by the Attorney General of Kenya on behalf of the state.
Kanu, leader of the Indigenous People of Biafra (IPOB), has long been an outspoken advocate for Biafran independence in Nigeria. His arrest in Kenya in June 2021, under murky circumstances, sparked an international outcry, with his supporters alleging extraordinary rendition. The Kenyan government has faced criticism for failing to clarify the circumstances of his arrest and handover.
This ruling stems from a legal challenge filed by Kanu’s lawyers in Kenya, arguing that his seizure and transfer violated his constitutional rights and flouted established extradition laws. The High Court’s decision reinforces the principle that governments must adhere to due process and uphold human rights protections, even when dealing with politically sensitive or high-profile security cases.
Justice Mwita’s verdict is expected to have broader implications for Kenya’s obligations under international human rights law and may influence diplomatic relations between Kenya and Nigeria, as well as ongoing legal battles in Nigerian courts over Kanu’s detention and trial.
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