Kenya Court Declares Transfer of Nnamdi Kanu To Nigeria Illegal, Awards Damages Against Government

Friday June 27, 2025

221A High Court of Kenya, sitting in Nairobi, has declared the abduction and detention of Mazi Nnamdi Kanu from Kenya to Nigeria in June 2021 unlawful and illegal.

According to INDEPENDENT reports, the court also awarded compensatory damages of 10 million Kenyan shillings against the Kenyan Government for gross violations of Mazi Kanu’s fundamental human rights.

The presiding judge Justice E.C. Mwita in his judgement faulted both Nigeria and Kenya government for rendition of Nnamdi Kanu in gross violations of his rights as guaranteed by the constitutions.

According Justice E.C. Mwita “ Having considered the pleadings and arguments by parties, the decisions relied on, the Constitution and the law, I come to the following conclusions;

“First, the government of Kenya violated the Constitution and Mr. Nnamdi Kanu’s rights and fundamental freedoms. Having entered Kenya lawfully he was subject to the protection offered by the Constitution of Kenya 2010 and the government of Kenya had an obligation to uphold and protect his rights and fundamental freedoms.

“Mr. Nnamdi was however abducted, kept in solitude confinement, tortured and denied food and medication, a breach of basic rights. He was chained, humiliated, ridiculed and held in contempt and later forcibly removed from Kenya without following the law in violation of his rights and fundamental freedoms for which the government of Kenya is liable.

“Based on the above conclusions, the court makes the following declarations and orders it considers appropriate;

“A declaration is hereby issued that the abduction of Mr. Nwannekaenvi Nnamdı 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 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 the laws of Kenya; his rights and fundamental freedoms, including freedom of movement and security of the person guaranteed by the Constitution of Kenya, 2010 and, therefore, unconstitutional and illegal.

“An order for compensation is hereby issued awarding Mr. Nwannekaenvi Nnamdi Kenny Okwu-Kanu general damages of Kshs 10,000,000 against the Attorney General of Kenya on behalf of the government of Kenya for the violation of Mr. Nwannekaenvi Nnamdi Kenny Okwu-Kanu’s constitutional rights and fundamental freedoms”.