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Court awards Shs 287m to Kenyans charged for 2010 Kampala bombing

Yahya Suleiman Mbuthia in court in Uganda

Yahya Suleiman Mbuthia in court in Uganda

The High court in Kenya has awarded Kshs 8 million (about UGX 287 million) to three Kenyans arrested and charged in Uganda over 2010 Kampala bombing. 

The decision by Justice David Majanja was based on a petition filed on June 9, 2011, while the petitioners who include Mohamed Adan Abdow, Mohamed Hamid Suleiman and Yahya Suleiman Mbuthia were still being held in Luzira prison in Uganda.
 
The three, through their wives and then lawyer Duncan Ondimu, dragged the Kenyan minister of State for Provincial Administration and Internal Security, minister of Foreign Affairs and International Cooperation, the attorney general as well as the commissioner of police to court, for violating their rights. 

The petitioners, all of whom were arrested in Kenya in 2010, were detained at various police stations before being informally handed over to the Ugandan police. They were later charged with attempted murder, murder and terrorism, arising out of the July 2010 bombing in Kampala. 

The attack ripped through the Kyadondo Rugby Grounds and Ethiopian restaurant in Kabalagala where hundreds of merrymakers had converged to watch the finals of the 2010 World Cup. More than 70 people lost their lives in the attack. 

But the suspects, who were later exonerated by the Ugandan courts, allege that Ugandan police extradited them from Kenya without following the due process.

They asked the court to declare that their arrest and detention in Kenya and the enforced removal, kidnap and rendition from Kenya to Uganda was unconstitutional and that it violated the extradition act.

They were also contesting the search of their homes and premises as well as confiscation of their assorted items without any search warrant.

The attorney general while responding to the court said that the handing over of the petitioners by the Kenyan security to the Ugandan authorities was justifiable pursuant to the provisions of Article 124 of the treaty for the establishment of the East African Community.

But in a judgment delivered in Nairobi on Wednesday, Justice Majanja found the explanation of the attorney general wanting on grounds that the reliance on the EAC treaty to informally extradite the suspects was unfounded and does not in any way oust the application of the Extradition Act which was not complied with.

Court also found the Kenyan authorities to have acted contrary to the Constitution and the laws of the country when they arrested, searched and seized properties of the petitioners without a search warrant.

Justice Majanja went on to grant damages of Kshs 8 million to the petitioners as well as the cost of the petition on the grounds that the violation of their fundamental rights and freedoms culminated in their removal from Kenya which was unconstitutional.

"I award Kshs 7 million as damages to cover all violation of the fundamental rights and freedoms to Mohamed Adan Abdow, Mohamed Hamid Suleiman and Yahya Suleiman Mbuthia. I award Kshs 500,000 each to Zuhura Suleiman and Yahya Suleiman Mbuthia as damages for arbitrary and unconstitutional searches. I award the petitioners cost of the application, the damages shall accrue interest at court rates from the date of this judgment until payment in full," reads the judgment in part.

Comments

+1 #1 kabayekka 2019-01-17 09:43
You see what it means failing to follow the rules by the African Authorities?

They leave the tax payer to pay up for their mistakes as the army and police continue to arrest, detain and torture innocent civilians.

And at the end of the day, the staff at these courts demand an increase in wages.
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+1 #2 Lakwena 2019-01-17 13:19
In other words, a double jeopardy. How much was spent in the investigation and prosecution?

It is annoying because, it is the innocent Ugandans who died and the living Ugandans to pay for the inconveniences and damages.

Under Mr. M7 this country is cursed. This is because it would have been better if he were not born, Ugandans would not be going thru what they are now going thru; especially when the man says he is in State House only for himself, family and stupid belief.

I am pissed! 70 Ugandans were blown up in 2010, because Mr. M7 was interfering with the internal affairs of the Somali.

He was interfering with the Somali internal affairs, not at national interest, but ethnic sentiment.

In other words, because his step brother Salim Saleh is Somali. Therefor can sacrifice Ugandan blood and meager national resource to fight for himself and sic his step brother!

Eish! It is sickening.
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+1 #3 Lakwena 2019-01-17 13:41
Ugandan should remember the two/four UPDF choppers that crashed on Mt Kenya and lives lost. How much was that? And there is no report and how much it cost on the investigation?

While our soldiers are losing their lives and the country losing equipment, Mr. M7 takes the international credit for fighting terrorism, not knowing the man is out on a selfish motive that has nothing to o with national interest, nor pan Africanism.
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0 #4 Akot 2019-01-17 21:01
Lakwena, thanks!

You know, not even ICC/ICJ/developed countries can convict terrorists as no witness dare come out to give evidence against them!

Did Ugandans bring Amin to justice?

Will Ugandeans bring Museveni to justice, especially as they let him tribalistically divide & rule them, harassing-arresting-teargasing-trying one another in court for the demon?
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0 #5 Akot 2019-01-17 21:10
kabayekka, agreed!

Yet, what will those who just terrorised Kenya get, if they are caught?

Kenya high court is setting a very dangerous course for even Kenyans, right?

At least ICC sets terrorists free due to lack of witnesses, but these finally go back to thier countries & run for presidency...!

Yet, if UNITY of our people throws Museveni out, he will never come back to run for the top post, right?

Whether it will be Reformed Republic or Independent Tribal States, Ugandans will be FREE & SAFE, right?
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