High Court Awards Ksh 3.5m to Kenyan Deported to Somalia Unlawfully
The High Court in Kenya has ordered the government to pay Ksh 3.5 million in general and aggravated damages to businessman Abdiqiadar Omar Osman after illegally deporting him to Somalia.
The judge ruled that the deportation was unlawful, unconstitutional, and violated his fundamental rights, including liberty, human dignity, and fair administrative action. The award will earn interest at court rates, and the state must also cover the full costs of the case.
Osman, a Kenyan citizen by birth with a valid birth certificate and national ID, was arrested in May 2018 while traveling from Kampala to Kenya. Authorities failed to inform him of the arrest reasons, denied him access to a lawyer, and did not take him to court within the required 24 hours. Instead, he was held at Nyayo House immigration offices and forcibly deported to Somalia without any proper deportation order or extradition process. The court found that officials acted arbitrarily, likely due to confusion with another person of a similar name, and neglected to properly check his identity documents.
In its ruling, delivered by Justice Bahati Mwamuye, the court quashed the deportation decision and issued orders requiring the government to allow Osman to return to Kenya peacefully, reside there, and continue his business without interference. Authorities are prohibited from arresting, detaining, or deporting him again in relation to this matter. The decision highlights serious lapses in administrative procedures and a breach of constitutional protections.
