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Message: [QUOTE="Queen, post: 86576, member: 27"] 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 [LIST] [*]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. [/LIST] Constitutional rights trampled [LIST] [*]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. [/LIST] Citizenship confirmed beyond doubt [LIST] [*]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. [/LIST] Court orders stacked against the government [LIST] [*]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. [/LIST] Financial penalties and costs [LIST] [*]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. [/LIST] [/QUOTE]

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