By TWV Legal Correspondent
In a landmark decision that has resonated across Kenya amid growing public outrage over abductions, torture, and extrajudicial killings, Nairobi High Court Judge Chacha Mwita on 24th June 2025 awarded Nigerian national Nnamdi Kanu Kshs 10 million in damages for egregious violations of his constitutional rights. The ruling, a powerful rebuke of unlawful state actions, underscores Kenya’s obligation to protect the rights of all individuals within its borders, regardless of nationality, and reinforces the judiciary’s role as a guardian of human rights.
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Nnamdi Kanu, a Nigerian/British citizen and leader of the Indigenous People of Biafra (IPOB), a self-determination movement in Nigeria, legally entered Kenya on 12th May 2021 via Jomo Kenyatta International Airport (JKIA) on an East African Tourist Visa. Residing temporarily at Purple Haze Apartments on Kitale Lane in Nairobi, Kanu intended to spend a few days in Kenya before travelling to the United Kingdom. On 13th May 2021, he was admitted to Nairobi Hospital for a heart condition, from which he was discharged the following day.
However, on 19th June 2021, Kanu’s brief stay in Kenya took a harrowing turn. While at JKIA to pick up someone, he was confronted by agents believed to have been Nigerian in the company of their Kenyan counterparts. Without presenting any legal documentation for arrest or extradition, the agents handcuffed Kanu, forced him into a vehicle, and swiftly deported him to Nigeria. What followed was a period of incommunicado detention marked by torture, denial of food, water, and medical care, actions the court later deemed severe violations of Kanu’s fundamental rights.
Justice Mwita’s ruling meticulously detailed the unconstitutional and illegal nature of Kanu’s abduction and forcible removal to Nigeria. The court found that Kanu, as a legal entrant to Kenya, was entitled to the protections enshrined in the Constitution of Kenya, 2010, including the rights to personal security, freedom of movement, and freedom from torture. The Kenyan government’s failure to safeguard these rights, the judge noted, was a grave breach of its legal obligations.
The court issued several declarations, affirming that Kanu’s abduction, incommunicado confinement, and torture constituted gross violations of his fundamental freedoms. His forcible transfer to Nigeria was ruled unlawful, as it lacked any legal basis and contravened Kenyan law. The judgment emphasised that the Kenyan state must protect all individuals within its jurisdiction, a responsibility it failed to uphold in Kanu’s case.
In recognition of the profound harm inflicted on Kanu, the court ordered the Kenyan Attorney General to pay him Kshs 10 million in general damages. This compensation serves not only as redress for Kanu’s suffering but also as a warning to state actors that violations of constitutional rights will not go unpunished. The ruling sends a clear message: Kenya’s judiciary will hold the government accountable for failing to protect individuals from unlawful actions, including those perpetrated by foreign agents on Kenyan soil.
The decision comes at a time when Kenyans are increasingly vocal about cases of abductions, torture, and extrajudicial killings, which have sparked widespread protests and demands for justice. Kanu’s case highlights the vulnerability of individuals, including foreign nationals, to state-sanctioned or state-tolerated abuses. It also raises questions about Kenya’s cooperation with foreign governments in matters of extradition and rendition, particularly when such actions bypass legal processes.
This ruling aligns with Kenya’s growing reputation as a nation committed to upholding human rights, as enshrined in its progressive 2010 Constitution. By addressing Kanu’s case, the judiciary has reaffirmed its role as a bulwark against impunity, offering hope to activists and citizens advocating for accountability in similar cases.
The award to Nnamdi Kanu sets a significant precedent for protecting the rights of both citizens and non-citizens in Kenya. It underscores the importance of due process in arrests and extraditions and serves as a reminder that the Kenyan government must scrutinize and regulate the actions of foreign agents operating within its borders. The ruling may also prompt a review of protocols governing international cooperation to prevent future violations.
For Kenyans, this judgment is a beacon of hope amid ongoing struggles against human rights abuses. It reinforces the judiciary’s commitment to upholding constitutional protections and provides a framework for addressing similar cases in the future. As public outrage continues to mount, the courts remain a critical avenue for seeking justice and holding power to account.
The Nairobi High Court’s ruling in favour of Nnamdi Kanu is a triumph for human rights and a testament to the strength of Kenya’s judicial system. By awarding Kanu Kshs 10 million and declaring his abduction unlawful, the court has reaffirmed its commitment to protecting fundamental freedoms. As Kenya grapples with the challenges of abductions and extrajudicial actions, this decision stands as a clarion call for accountability, justice, and respect for the rule of law.
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