State to pay Ksh.3.5M to businessman deported to Somalia illegally

The court further ruled that Osman is a Kenyan citizen by birth and that the actions taken against him were unlawful, illegal and unconstitutional.

In the judgment, Justice Mwamuye declared that Osman’s arrest in May 2018 while travelling from Kampala to Kenya was arbitrary and in violation of his constitutional rights.

Through lawyer Danstan Omari, the court heard that the businessman was not informed of the reasons for his arrest, was denied access to legal counsel 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 and deported to Somalia without any extradition proceedings or lawful deportation order.

The judge 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 noted that he holds a Kenyan birth certificate and a national identity card, confirming his citizenship.

The court also addressed confusion arising from a similarity of names with another individual, stating that the failure by authorities to properly verify identity documents before taking action amounted to a serious administrative lapse.

Justice Mwamuye issued an order of certiorari quashing the decision to deport Osman from Kenya. 

The court further granted an order of mandamus compelling the government and its agents to allow him peaceful entry, residence and the right to conduct business in Kenya.

Additionally, an order of prohibition was issued restraining the authorities from arresting, detaining, deporting or in any way interfering with his lawful stay and work in the country.

The Ksh.3.5 million awarded will attract interest at court rates. The government was also ordered to bear the costs of the petition.