By Justicenow.co.ke Reporter
THREE Kenyans who had been handed over to Ugandan authorities to stand trial over 2010 Kampala bombing have been awarded Sh 8 million.
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Justice David Majanja awarded the amount to the trio who had been charged over allegations of bombing 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 Dusit terror attack in Nairobi’s Riverside which has left 14 people dead.
In his verdict, justice Majanja directed that Mohammed Adam Abdow, Mohammed Hamid Suleiman and Yahya Suleiman Mbuthia be paid a total of Ksh7 million.
Suleiman and Mbuthia, the judge further directed, be paid Ksh500,000 each for arbitrary and unconstitutional searches in their premises.
Expulsion from Kenya
The trio moved to court accusing the government authorities of unlawfully arresting them without warrant by police officers and handing them to Uganda authorities where they stood trial to charges related to terrorism.
It was their argument that before expulsion from Kenya, there would be extradition or lawful proceedings against any citizen.
The judge said an examination and interrogation of the petitioners together with their depositions allude to violation of the subjects rights while in Uganda…
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 .”
Warrant of arrest
The judge faulted the authorities for handing over the Kenyans yet no warrant of arrest had been issued against them by a Ugandan court.
“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.
Kenyan authorities were accused of refusing to make any State to State 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 DPP Uganda terminated the case against him.
Suleiman and Mbuthia were both acquitted following a judgement delivered on May 26 2015 . They are now held in Kenya.