A Kenyan high court has ruled that the 2021 abduction and rendition of Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), from Nairobi to Nigeria was unlawful, unconstitutional, and a gross violation of his fundamental rights.
Delivering judgment on Tuesday, Justice E.C. Mwita held that the Kenyan government failed in its constitutional duty to protect Kanu—who lawfully entered Kenya—and instead collaborated with external agents in a covert operation that led to his illegal detention and transfer.
The court found that Kanu’s abduction, incommunicado detention, torture, and denial of food, water, medication, and legal access amounted to serious breaches of his rights under Kenya’s Constitution. Mwita declared that Kanu’s rights to due process, security, and freedom of movement were flagrantly violated.
The judge awarded Kanu general damages of Kshs 10 million (approximately N110 million) and ordered Kenya’s Attorney General to pay both the compensation and the costs of the litigation.
“The constitution is clear that the Bill of Rights binds not only state organs but every person within Kenya,” Mwita said. “The covert operation to abduct and forcibly remove Nnamdi Kanu from Kenya was executed with the knowledge and complicity of the government. By doing so without following due process, the government violated the constitution, the rule of law, and Kanu’s fundamental freedoms.”
In his declarations, Mwita ruled that Kanu’s abduction and forced transfer to Nigeria breached Kenya’s laws and constitution. He stressed that authorities failed to produce Kanu in court within 24 hours of his arrest as required, and instead facilitated an illegal foreign rendition.
The case was brought by Kingsley Kanu, Nnamdi Kanu’s brother, who named Kenya’s cabinet secretary for interior, director of immigration services, director of criminal investigations, the police officer in charge of Jomo Kenyatta International Airport, and the attorney general as respondents.
Background
Kanu has remained in the custody of Nigeria’s Department of State Services (DSS) since he was seized in Kenya and flown to Nigeria in 2021, where he faces charges bordering on treasonable felony. Although granted bail in 2017, his bail was later revoked after he failed to appear in court, leading to a bench warrant for his arrest.
In April 2022, a Nigerian court struck out eight of the 15 charges against him. By October 2022, the Court of Appeal quashed the remaining charges and ordered his release. However, the ruling was stayed after the federal government appealed to the Supreme Court, keeping Kanu in detention.