Justice Mwamuye slams state for "arbitrary" expulsion of Kenyan citizen, ordering immediate reentry and compensation for rights violations.

In a stinging rebuke of the state’s immigration machinery, the High Court has ordered the government to pay businessman Abdiqiadar Omar Osman Sh3.5 million for his illegal deportation to Somalia.The ruling by Justice Bahati Mwamuye vindicates Osman, a Kenyan citizen by birth, who was unceremoniously bundled out of the country in 2018 without due process.

Arbitrary Power Checked

The court found that Osman’s ordeal began with an arrest that lacked any legal basis, followed by a deportation that stripped him of his dignity and constitutional rights. "The petitioner is a citizen of Kenya by birth," Justice Mwamuye declared, dismantling the state's defense that sought to label him a foreigner.

The judge noted that the state failed to produce any evidence justifying the deportation or proving that Osman had renounced his citizenship. The ruling highlights a systemic rot where security agencies act as judge, jury, and executioner, bypassing the courts to expel individuals on flimsy intelligence.

• The Damages: The Sh3.5 million award covers general and aggravated damages for the violation of Osman’s rights.
• The Orders: The court issued a prerogative order of certiorari quashing the deportation decision and an order of mandamus compelling the state to facilitate his immediate return.
• The Impact: This precedent warns immigration officials that they will be held personally and institutionally liable for extrajudicial expulsions.

A Long Walk to Justice

For Osman, the victory is bittersweet. While the compensation offers some solace, it cannot undo the years of business loss and separation from his family. His lawyer argued that the deportation was a "malicious act" driven by business rivalry rather than national security concerns.

The government has been given strict timelines to comply with the orders, including issuing Osman with valid travel documents to facilitate his return to Nairobi. The case serves as a critical reminder that citizenship is a constitutional right, not a privilege to be revoked at the whim of a bureaucrat.