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Moses Tengeya Omweno v. Commissioner of Police & Attorney General

(2018) JELR 98892 (CA)

Court of Appeal  •  Civil Appeal 243 of 2011  •  27 Apr 2018  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

1. The appellant, Moses Tengeya Omweno, is a Kenyan Citizen by birth. On 2nd June 2000, at around 6.00 pm he was accosted as he entered his house and arrested by a squad of four Kenya police officers without a warrant of arrest or any order issued by a competent Kenyan court. He was subsequently detained at the Embakasi Police Station in Nairobi. The officers introduced themselves as police officers from Interpol and had come to arrest and take him to Kosovo, Yugoslavia to answer criminal charges. The officers neither showed him a warrant of arrest nor explained the nature of allegations or charges facing him.

2. On 6th June 2000, without a court order issued by a Kenyan court or any extradition proceedings in Kenya, the appellant was forcibly removed from Kenya and deported to Pristina in Kosovo to stand trial.Due to the un-procedural manner in which he was removed from Kenya and the failure to observe due process, the United Nations Mission in Kosovo recommended …

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