A High Court in Nairobi, Kenya, has ruled that the arrest, detention, and subsequent transfer of the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, to Nigeria in June 2021 was illegal and a violation of his fundamental rights.
In a judgment delivered by Justice E. Mwita, the court condemned the actions of both the Kenyan and Nigerian governments, stating that Kanu’s “rendition” amounted to a gross breach of constitutional and international legal standards.
The court further awarded Kanu compensatory damages of 10 million Kenyan shillings (approximately $78,000), holding the Kenyan government accountable for its role in the unlawful operation.
Justice Mwita emphasized that Kanu had lawfully entered Kenya and, as such, was entitled to the protections guaranteed under the Kenyan Constitution of 2010. The judge ruled that the government failed in its constitutional duty to uphold his rights and fundamental freedoms.
This decision comes amid ongoing legal battles over the IPOB leader’s extradition and detention. On October 13, 2022, the Nigerian Court of Appeal in Abuja ordered Kanu’s release, striking out terrorism and treasonable felony charges on the grounds that he was not lawfully extradited from Kenya.
However, the Nigerian Supreme Court later overturned the appellate court’s decision. In a judgment delivered by Justice Emmanuel Agim, the apex court acknowledged the illegalities surrounding Kanu’s arrest—including a military raid on his residence that forced him to flee the country—but ruled that these violations did not invalidate his trial.
The Kenyan High Court’s ruling adds new international dimensions to Kanu’s case, reigniting debates over state conduct, due process, and the rights of political dissidents.
