A Ksh. 3.5 million payout just landed on the government's tab after a court confirmed it illegally deported a Kenyan citizen to Somalia without any legal basis.
Abdiqiadar Omar Osman's unlawful deportation
Abdiqiadar Omar Osman's unlawful deportation
- High Court Judge Bahati Mwamuye ruled that Abdiqiadar Omar Osman got kicked out of Kenya unconstitutionally.
- Osman was nabbed in May 2018 while traveling from Kampala to Kenya.
- Authorities hauled him to Nyayo House immigration offices and shipped him to Somalia.
- Zero extradition proceedings or a valid deportation order existed for his removal.
- Osman was never told why he was being arrested in the first place.
- His access to legal counsel got completely blocked by the authorities.
- Nobody brought him before a court within the 24-hour window under Article 49.
- Justice Mwamuye called the whole arrest arbitrary and rights-violating.
- Osman holds a Kenyan birth certificate and a national identity card.
- Mwamuye's ruling affirmed he is a Kenyan citizen by birth.
- A name mix-up with another individual partly triggered the botched deportation.
- Authorities failed to properly verify identity documents before acting.
- A certiorari order quashed the original deportation decision outright.
- Mandamus relief compels the government to let Osman freely enter and reside in Kenya.
- A prohibition order bars authorities from arresting, detaining, or deporting him again.
- His lawyer, Danstan Omari, secured the full package of remedies through the petition.
- Osman was awarded Ksh. 3.5 million in general and aggravated damages.
- Interest on that amount will pile up at standard court rates.
- The government got stuck with the entire cost of the petition.
