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Taxpayer to fork out Sh51mn for rights violations

The 12 successfully sued the government in 2014 after proving that they were illegally arrested. FILE PHOTO | NMG
The 12 successfully sued the government in 2014 after proving that they were illegally arrested. FILE PHOTO | NMG 

The government has been ordered to pay twelve people, among them eight Kenyans, a total of Sh51 million for violating their rights ten years ago.

The amount includes interest after the government failed to pay them the sum originally awarded in 2014, further adding to taxpayers' court settlement burden arising from unlawful acts by the State.

The 12 successfully sued the government in 2014 after proving that they were illegally arrested and taken to Somalia and later to Ethiopia against the law. Two of them are Tanzanian nationals while one is Rwandan.

The court heard that they were all arrested on different dates in January 2007, detained for a period then later forcibly taken to Somalia, and thereafter Ethiopia.

They claimed that they were expelled without due process because no extradition or deportation process took place.

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Discrimination of Muslims

They told the court that their removal from Kenya rather than being taken to court was unconstitutional and discriminatory on the basis of their Islamic faith.

The eight Kenyans argued that removing them from the country was a denunciation of their citizenship.

The Kenyan victims include Salim Awadh Salim, Saidi Hamisi Mohamed, Bashir Hussein Chirag, Mohamed Sader, Hassan Shabani Mwazume, Swaleh Ali Tunza, Abdallah Halfan Tondwe, Kasim Musa Mwarusi and Ali Musa Mwarusi.

Others are Fatma Ahmed Chande and Mohamed Abushir Salim - who are Tanzanians and Clement Ibrahim Muhibitabo, a Rwandan.

Justice Mumbi Ngugi had awarded each between Sh2 million and Sh4 million four years ago. However, the government has failed to pay them.

Yesterday, Justice George Odunga granted them an order directing the government to pay them Sh51,261,031 plus interest.

They also wanted the court to grant them an order requiring the PS in the Ministry of Interior to show cause why contempt of court proceedings should not be commenced for failing to pay up.

Some had argued that at the time of their arrest, they had just crossed into Kenya from Somalia as they were running from a raging war. They say they should have been treated as refugees.

The 12 also claim that they were tortured while in detention.

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