Mazi Nnamdi Kanu’s brother sues Kenya Government for illegal arrest and deportation to Nigeria
Germany-based Kingsley Kalu, on behalf of the family, petitioned against Kanu’s depotation at a High Court in Nairobi.
George Wajackoya, a flamboyant immigration expert and law professor, filed the court petition in September.
He told the BBC that he is being retained by the Kanu family, including his wife and brothers.
The lawyer described the action of Kenyan authorities as an “unconstitutional and unlawful removal” from Kenya.
He also accused Kenya of “abduction, denial of fair administrative rights, and violation of (Kanu’s) fundamental human rights.”
Kingsley claimed in court papers that Nnamdi lived as a tourist in Kenya for over a month before his deportation.
He joined heads of Interior Ministry, Cabinet, Immigration, Criminal Investigations, Airport police, and Attorney-General as parties to the suit.
The high court will formally convene on 5 October 2021 to hear the petition for the first time.
Kingsley is suing the government to prove that his brother’s arrest and deportation violates Kenya’s extradition treaties and international laws.
To prove the case, he wants Kenya to explain to the judge how Kanu could have left Nairobi without his entry British passport.
In addition, he wants the Court to force Kenyan authorities to publicly name officials that participated in Kanu’s deportation.
“Even though the subject (of the court petition) is not a Kenyan citizen, he was entitled to protection by and under the Constitution of Kenya and international human rights law signed and covenanted to be upheld by the government of Kenya.”
Wajackoya said the Kenyan Constitution does not forbid Kingsley from approaching a Kenyan high court on his brother’s behalf.
Court papers indicate how Kanu’s alleged rendition may have been effected
Kingsley claimed in Court filings that Mazi Kanu flew into Nairobi, Kenya from Kigali, Rwanda in May 2021 to stay “for a few weeks.”
Thereafter, he rented a furnished apartment at the Kilimani suburb of Nairobi where he lived for almost two months.
He also hired a local personal assistant to assist him navigate the city.
Kingsley said in the petition that he was on the phone with his brother on the fateful 19 July date.
His brother, who was at the Jomo Kenyatta international Airport, hung up when he was accosted by unknown persons.
Although he promised to call Kingsley to resume the conversation, he however never did.
It was days later that Kanu’s assistant informed Kingsley that his brother had not returned to his apartment since 19 July.
The assistant, Ms Gitau, confirmed that Mazi Kanu went to Jomo Kenyatta International Airport to meet up with a friend.
She expressed doubts that Kanu may have left Kenya because his entry British passport was still in the apartment.
Lawyers gather evidences to prove foul play
Kanu’s brother sues Kenya Government in Court
The passport was quickly courierred to Kingsley in Germany, and is prime evidence to sue Kenya for illegal deportation.
Kingsley said he was anxious to retrieve the passport to challenge future claims that Kanu willingly surrendered to Nigeria.
Mazi Kanu’s lawyers in Kenya also fished out other evidences that prove to them that Kanu was in Kenya when he was “intercepted.”
Among the evidences is a record that shows Kanu was admitted to a Nairobi Hospital on 13 May 2021. He was released by the hospital the following day.
Kanu’s lead lawyer, Prof. Wajackoya, said they have four solid evidences to prove Kanu was in Kenya legally and left illegally.
He listed them as follows:
- A time stamp of his entry into Nairobi from immigration officers at Jomo Kenyatta International Airport
- His lease agreement at the Kilimani apartment in Nairobi:
- Admission and discharge papers at a Nairobi hospital, and
- Proof of his presence at Jomo Kenyatta Airport on 19 July from where he found himself in Nigeria.
Kenya has denied that it played a role in the arrest and transfer of Mazi Nnamdi Kanu to Nigeria.
On her own, Nigerian Justice Minister has so far refused to disclose how and where the separatist leader was “intercepted.”
Kanu’s brother sues Kenya Government in Court
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