Man seeks Sh10m compensation from State

By Evelyn Kwamboka

A man extradited to Kosovo following Attorney General Amos Wako's legal opinion now wants the State to compensate him with more than Sh10 million.

Mr Moses Tengenya Omweno, who was an international organisation’s employee, claimed he was forcibly extradited to Pristina, Kosovo on June 6, 2000, and returned on July 27, 2000.

He said the extradition was inhumane and violated his fundamental right to protection from degrading punishment and torture.

However, the AG through State Counsel Kepha Onyiso yesterday told Lady Justice Jeanne Gacheche that Omweno’s extradition was legal.

He said the State had no convention to rely on or a local statute to cover the process at that time.

"There is an absence of international convention on how the process should be done. Most countries rely on bilateral treaties or good relationships," he said.

Mr Wako said the Government had to obey orders that were issued by the court in Pristina.

Omweno was extradited to Kosovo to face theft charges in 2000, jointly with an Angolan citizen following the AG’s legal opinion.

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 not an extradition treaty between Serbia and Kenya," the AG told the police in his letter.

The AG further said, "in light of the following, you are advised to proceed in terms of the request of the United Nations".

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 and managed by the United Nations Interim Administration Mission.

He appeared before a judge in Pristina, five days after his extradition.