The High Court has awarded businessman Abdiqiadar Omar Osman Sh3.5 million in damages after ruling that he was unlawfully arrested and deported to Somalia.
In the judgment delivered on February 11, 2026, Justice Bahati Mwamuye declared that Osman is a Kenyan citizen by birth and found that state agencies violated his constitutional rights by removing him from the country without due process.
The case stems from his arrest in May 2018 while travelling from Kampala to Kenya.
Court records indicate he was not told the reason for his arrest, denied access to a lawyer, and was not presented before a court within 24 hours as required by the Constitution.
Instead, he was taken to immigration offices at Nyayo House and deported to Somalia without extradition proceedings or a valid deportation order.
The court found that the deportation resulted from confusion over similar names and faulted authorities for failing to verify his identity, despite his Kenyan birth certificate and national identity card.
Justice Mwamuye ruled that his rights to liberty, dignity, and fair administrative action were violated.
The court quashed the deportation, ordered the government to allow him to return and live peacefully in the country, and barred authorities from arresting or deporting him unlawfully.
The Sh3.5 million award will attract interest, and the government was also ordered to pay the costs of the case.
