Man awarded Sh7m for illegal extradition

By Evelyn Kwamboka

Attorney General Amos Wako’s legal opinion that led to the extradition of a man to Kosovo has cost taxpayers Sh7 million.

The High Court declared that Mr Moses Tengenya Omweno’s removal from Kenya to Pristina, Kosovo on June 6, 2000, was in contravention of his rights, and ordered that he be compensated for the suffering he underwent. Lady Justice Jeanne Gacheche said the State has a duty to protect its citizens locally and abroad.

"The AG, who is the legal adviser of the Government, clearly misled the Commissioner of Police, which led to the removal of the applicant and his surrender to a foreign entity," the judge said.

Omweno, who worked for an international organisation, was arrested by police and taken to Kosovo. He was returned to Kenya on July 27, 2000.

Police received a request from the United Nations Regional Serious Crime Squad in Kosovo and sought the AG’s advice regarding the matter.

The UN allegedly wanted him extradited to Kosovo to face theft charges, jointly with an Angolan citizen.

In the document signed on behalf of Wako by then deputy public prosecutor, Mr Momanyi Bwonwong’a on May 31, 2000, the AG approved the man’s extradition.

"The AG has approved your request of arresting the subject and handing him over to the requesting authorities in Kosovo, which is now part of Serbia. We have noted that there is no extradition treaty between Serbia and Kenya," the AG told the police in his letter.

Pay him

It was alleged that the man, who worked as an information technology officer, stole Sh6.8 million from his employer — International Office for Migration. Kosovo, at the time, was a stateless territory managed by the United Nations Interim Administration Mission.

Armed with the AG’s legal opinion, the police took him to Kosovo to answer to the criminal charges. In 2001, Omweno filed the Judicial Review case against the AG and the police on grounds that his extradition was inhumane.

He said it violated his fundamental right to protection from degrading punishment and torture.

He asked the court to declare his extradition illegal and order the respondents to pay him Sh10 million.

The court awarded him Sh2 million for the psychological torture he underwent for the 51 days he was held in detention and Sh4 million for punitive damages of not referring the matter to court before extraditing him.

The court awarded him another Sh1,070,035 for damages, making the total Sh7 million.