The Interior Ministry has been ordered by the High Court to pay 11 petitioners Sh51 million for unlawful detention.
Justice George Odunga in his ruling stated that the petitioners deserved compensation for forcible removal and transfer from Kenya to Ethiopia.
“I hereby issue an order compelling the Principal Secretary, Ministry of Interior, to pay the applicants the judgement debt of Sh51,261,031 together with all accrued interest at 12 percent per annum arising from a judgement by this court on July 21, 2013,” Justice Odunga stated.
The petitioners complained they were victims of arbitrary arrest, unlawful and unconstitutional incommunicado detention without trial in Kenya.
[caption caption="Justice George Odunga"]
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They also told the court they were subjected to torture, cruel, inhuman and degrading treatment and punishment in Kenya and subsequent illegal, unlawful, extrajudicial and unconstitutional forcible removal and transfer from Kenya to Ethiopia.
“Arising from the aforesaid actions, we sued the Commissioner of Police, the Attorney General and two private airline companies for the violation of our rights,” their lawyer stated.
Salim Awadh and 10 others had moved to court seeking orders to compel the ministry and the National Treasury to pay them Sh51 million together with accrued interest arising from the judgment that was delivered on July 21, 2013.
After a contested hearing, they were awarded compensation in damages of Sh34 million together with interest at court rates from the date of judgment and costs of the petition.
On October 24, 2014, the court issued a duly certified decree of the judgment in the same petition but it was later maintained after a full hearing of the bill of costs and party costs in the petition were taxed at Sh949,632 in favour of the applicants.
[caption caption="Interior Cabinet Secretary Fred Matiang’i"]
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It was also asserted that the continued violation of the constitutional values of management of public finance, the rule of law, equality before the law and human dignity a present danger to the constitutional order of Kenya.
