Nairobi, Kenya – The High Court has ordered the government to pay Ksh.3.5 million in general and aggravated damages to businessman Abdiqiadar Omar Osman, ruling that his deportation to Somalia in 2018 was unlawful, illegal, and unconstitutional.
Court Ruling
Delivering judgment, Justice Bahati Mwamuye declared that Osman is a Kenyan citizen by birth, holding both a birth certificate and national identity card. The court found that his arrest in May 2018 while travelling from Kampala to Kenya was arbitrary and violated his constitutional rights.
Through lawyer Danstan Omari, the court heard that Osman was:
- Not informed of the reasons for his arrest
- Denied access to legal counsel
- Not presented before a court within 24 hours, as required under Article 49 of the Constitution
Instead, he was taken to immigration offices at Nyayo House and deported to Somalia without any extradition proceedings or lawful deportation order.
Violation of Rights
Justice Mwamuye held that the forcible removal of Osman from Kenya without due process violated his rights to liberty, human dignity, and fair administrative action. The court also addressed confusion arising from a similarity of names with another individual, ruling that authorities failed to properly verify identity documents before taking action a serious administrative lapse.
Orders Issued
The court granted several orders in Osman’s favor:
- Certiorari: Quashing the decision to deport him from Kenya
- Mandamus: Compelling the government and its agents to allow him peaceful entry, residence, and the right to conduct business in Kenya
- Prohibition: Restraining authorities from arresting, detaining, deporting, or interfering with his lawful stay and work in the country
The damages awarded will attract interest at court rates, and the government was ordered to bear the costs of the petition.
Conclusion
The ruling underscores the judiciary’s role in safeguarding constitutional rights and ensuring due process in immigration matters. For Osman, the judgment restores his citizenship rights and affirms the principle that no Kenyan can be arbitrarily stripped of their liberty or nationality.
