Kenyan Courts Award Millions Over Unlawful Deportations and Police Abuses

A series of High Court rulings has placed Kenya's immigration enforcement practices under intense scrutiny, revealing a pattern of unlawful deportations, arbitrary arrests, and human rights violations targeting foreign nationals. 

The judgments have resulted in the award of millions of shillings in compensation to victims and their families. Recent judicial pronouncements highlight a growing intolerance for executive impunity and a renewed emphasis on constitutional safeguards. The courts have consistently affirmed that all individuals within Kenya’s jurisdiction, regardless of nationality, are entitled to due process and protection under the law. 

The unfolding legal saga raises pressing questions about the role of immigration and security agencies in enforcing state power without sufficient oversight. The financial burden of these compensatory awards, borne by taxpayers, adds another layer of urgency to calls for reform. Legal experts suggest that the judiciary’s assertiveness reflects a broader constitutional ethos that prioritises individual rights over executive convenience.

One notable case involves Ms Patricia Achieng, who, alongside her two children, successfully sued the Kenyan government following the deportation of her husband, Mr Olajide Ekunpa, a Nigerian national. In August 2023, officers from the Directorate of Criminal Investigations (DCI) and the Department of Immigration reportedly entered the family’s Nairobi residence and detained Mr Ekunpa without explanation. 

He was held at Muthaiga Police Station and allegedly coerced into purchasing a flight ticket to Nigeria under the threat of prolonged detention. He was subsequently escorted directly to Jomo Kenyatta International Airport (JKIA) and deported. Ms Achieng, legally married to Mr Ekunpa since 2015, argued that her husband held a valid entry permit and was lawfully present in Kenya at the time of his arrest. 

The High Court concurred, awarding the family Sh3 million in damages. Justice Chacha Mwita ruled that the deportation infringed upon the family’s constitutional rights, specifically those enshrined in Articles 45 and 53, which protect the sanctity of family life and the rights of children to parental care. In another landmark judgment delivered in July 2025, the same court awarded Sh10 million to Mr Nwannekaenvi Nnamdi Kenny Okwu-Kanu, a British-Nigerian national and leader of the Biafra secessionist movement. 

Mr Kanu had entered Kenya legally in 2021 using an East African tourist visa and was residing in Nairobi’s Kilimani area. He was arrested at JKIA and held incommunicado for eight days before being forcibly flown to Nigeria. The court found that Mr Kanu was denied access to legal counsel, subjected to solitary confinement, and deprived of basic necessities, including food, water, and medication for his heart condition.

Justice Mwita condemned the Kenyan government’s actions as unconstitutional and illegal, stating that Mr Kanu’s abduction and deportation violated both domestic law and international human rights standards. The ruling underscored the gravity of the violations, describing the treatment as torture and inhumane. The judgment also rejected the government’s claim of non-involvement, citing the high-security nature of JKIA and the implausibility of such an operation occurring without official complicity.

Further examples highlight the systemic nature of the problem. Pakistani journalist Arshad Sharif, who had been living in self-exile in Kenya, was fatally shot by police in October 2022 in what authorities described as a case of mistaken identity. His widow, Ms Javeria Siddique, was awarded Sh10 million in compensation after the Court of Appeal upheld a High Court ruling that found the police had violated Sharif’s right to life and dignity.

Similarly, Chinese businessman Mr Wang Limin received Sh800,000 in damages after being arbitrarily detained and threatened with deportation in 2021. Mr Limin, a director at a Kenyan trading company, alleged that his arrest was motivated by business rivalry. He was held for seven days before being shown a deportation order dated two years prior—an order he had never seen before. The court found that his detention lacked legal basis and violated his rights to liberty and fair administrative action.

Ugandan opposition leader Col (Rtd) Dr Kizza Besigye and activist Hajj Obeid Lutale have also filed a suit alleging unlawful arrest and forced extradition from Nairobi to Kampala. They claim that Kenyan authorities failed to obtain the requisite warrants and approvals, thereby enabling rights violations by Ugandan security agencies, including incommunicado detention at a military facility.

“These rulings are a wake-up call,” says constitutional lawyer Mercy Wanjiku. “They affirm that Kenya’s legal framework is robust enough to hold the State accountable, but they also highlight the need for institutional reforms to prevent such violations from recurring.”