NAIROBI, Kenya Jan 16 – Three Kenyans who had been handed over to Ugandan authorities to stand trial over the 2010 Kampala bombing have been awarded Sh8 million by a court.
Justice David Majanja awarded the amount to the trio who had been charged over allegations of attacks that took place on July 11, 2010 at the Kyando Rugby Club and Ethiopian restaurant in Kampala as damages for violation of their fundamental rights and freedoms.
The award was given just hours before the terror attack at the dusitD2 complex which left 14 people dead.
“It was their argument that before expulsion from Kenya there should have been extradition or lawful proceedings against any citizen;” ruled justice Majanja.
“It is beyond doubt that the removal of suspects from Kenya without due process is unconstitutional and a violation of fundamental rights and freedoms.”
In his verdict, Justice Majanja directed that Mohammed Adam Abdow, Mohammed Hamid Suleiman and Yahya Suleiman Mbuthia be paid a total of Sh7 million.
The judge further directed Suleiman and Mbuthia be paid Sh500,000 each for arbitrary and unconstitutional searches on their premises.
The trio moved to High Court accusing government authorities of unlawfully arresting them without a warrant by police officers and handing them over to Uganda authorities where they stood trial on terrorism related charges.
Justice Majanja faulted the authorities for handing over the Kenyans yet no warrant of arrest had been issued against them by any court in Uganda.
“I declare that the arrest and removal from Kenya of the three to face trial without extradition proceedings or other lawful process was a violation of their right not to be deprived of their personal liberty,” he added.
An examination and interrogation of the petitioners together with their depositions allude to violation of the subject’s rights while in Uganda.
Kenyan authorities were accused of refusing to make any representation on their behalf with regard to the illegal detention to ensure due process and fair trial in Uganda.
During trial, Abdow was discharged on September 12, 2011 after the Director of Public Prosecutions in Uganda terminated the case against him.
Suleiman and Mbuthia were both acquitted following a judgment delivered on May 26, 2015 .
They are now in Kenya.