The High Court has ordered the Kenyan government to pay KSh3.5 million in compensation to businessman Abdiqiadar Omar Osman after ruling that he was illegally deported to Somalia in 2018.
In a judgment delivered by Justice Bahati Mwamuye, the court found that Osman is a Kenyan citizen by birth and that his arrest and deportation were unlawful, unconstitutional and a violation of his fundamental rights.
Arrest and Deportation Without Due Process
The court heard that Osman was arrested in May 2018 while travelling from Kampala, Uganda, to Kenya. Through his lawyer, Danstan Omari, he told the court that he was not informed of the reasons for his arrest.
He was allegedly denied access to a lawyer and was 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 in Nairobi and later deported to Somalia without any extradition proceedings or a lawful deportation order.
Justice Mwamuye ruled that this action violated Osman’s constitutional rights, including the right to liberty, human dignity and fair administrative action.
Court Confirms His Kenyan Citizenship
The court noted that Osman holds a valid Kenyan birth certificate and a national identity card, confirming that he is a citizen by birth.
The judge also addressed confusion caused by a similarity of names between Osman and another individual. The court found that authorities failed to properly verify his identity documents before deporting him, describing this as a serious administrative mistake.
Court Orders and Compensation
Justice Mwamuye issued an order of certiorari quashing the government’s decision to deport Osman.
The court also granted an order of mandamus compelling the government and its agents to allow him peaceful entry into Kenya, residence in the country and the right to conduct his business without interference.
In addition, an order of prohibition was issued restraining authorities from arresting, detaining, deporting or in any way interfering with his lawful stay and work in Kenya.
Osman was awarded KSh3.5 million in general and aggravated damages. The amount will attract interest at court rates until fully paid. The government was also ordered to cover the legal costs of the case.
A Warning to Authorities
The ruling serves as a reminder that state agencies must follow the law and respect constitutional rights when handling matters related to citizenship, arrest and deportation.
The court emphasized that no Kenyan should be removed from the country without proper legal procedures, and that government officials must verify identity details carefully before taking such serious action.
The judgment now clears Osman to return and continue his life and business in Kenya without fear of further harassment.
