Man awarded  more for forcible repatriation to Kosovo

What you need to know:

  • The High Court had awarded him more than Sh7 million but not satisfied, he moved to the Court of Appeal and the amount was enhanced by Sh3 million.

  • Justices William Ouko, Asike Makhandia and Otieno Odek said whether Mr Omweno was a citizen or not, due process must be followed.

  • They confirmed the award of Sh4 million for punitive damages and Sh1,070,035 as special damages.

The Court of Appeal has enhanced compensation to a Kenyan who was forcibly taken to Kosovo 17 years ago, over claims of fraud.

Mr Moses Tengeya Omweno successfully sued the government following his repatriation to Kosovo in June 2,000, where he was to face charges of illegally obtaining large sums of money while working for the International Organisation for Migration.

The High Court had awarded him more than Sh7 million but not satisfied, he moved to the Court of Appeal and the amount was enhanced by Sh3 million.

Justices William Ouko, Asike Makhandia and Otieno Odek said whether Mr Omweno was a citizen or not, due process must be followed.

“No person resident in Kenya can forcibly be removed, repatriated or expelled from Kenya without due process and right to fair hearing if need be,” they said.

The Judges substituted the general damages with Sh5 million to cover all violations of his constitutional rights. They confirmed the award of Sh4 million for punitive damages and Sh1,070,035 as special damages.

The judges said the trial court failed to find that Mr Omweno’s constitutional rights were violated. They also said the search at his house was unlawful because the police did not have a warrant.

Mr Omweno told court he was arrested on June 2, 2,000 and deported to Kosovo four days later. But due to the un-procedural manner in which he was deported, the United Nations Mission in Kosovo terminated his trial. He was returned to Kenya about a month later.