Kenyan Court Declares Nnamdi Kanu’s Rendition Illegal, Awards N110m in Damages

A high court in Nairobi has ruled that the 2021 abduction and transfer of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), from Kenya to Nigeria was illegal, unconstitutional, and a gross violation of his fundamental rights.

Delivering judgment on Tuesday, Justice E.C. Mwita said the Kenyan government failed in its constitutional duty to protect Kanu, who entered the country lawfully, and instead colluded with external actors in a covert operation that led to his unlawful detention and rendition.

“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 judge said.

Mwita said Kanu’s abduction, incommunicado confinement, torture, and denial of food, water, medication, and legal representation were in breach of Kenya’s Bill of Rights.

“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,” he stated.

The court awarded Kanu Kshs 10 million (N110 million) in general damages and ordered the attorney-general to pay litigation costs.

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“A declaration is hereby issued that the abduction and subsequent forcible removal of Mr. Nwannekaenvi Nnamdi Kenny Okwu-Kanu from Kenya to Nigeria violated the laws of Kenya… and therefore, unconstitutional and illegal.”

Kanu has been in Nigerian custody since his rendition and is facing charges related to treasonable felony.