Kenya Case Law

Kanu (Suing on behalf of and Representing the Subject Nwannekaenvi Nnamdi Kenny Okwu-Kanu) v Cabinet Secretary, Ministry of Interior and Coordination of National Government & 4 others

Kanu (Suing on behalf of and Representing the Subject Nwannekaenvi Nnamdi Kenny Okwu-Kanu) v Cabinet Secretary, Ministry of Interior and Coordination of National Government & 4 others [2025] KEHC 8967 (KLR)

Court

High Court

Case number

Constitutional Petition E359 of 2021

Judge

EC Mwita

The High Court held that Nnamdi Kanu was abducted, detained, tortured, and forcibly removed from Kenya in violation of his constitutional rights.

• Extradition Procedure
• Fundamental Rights Enforcement
• State Liability
• Torture And Inhuman Treatment
• Constitutional-rights
• Extraordinary-rendition

Republic v Mutugu & 5 others

Republic v Mutugu & 5 others [2025] KECA 779 (KLR)

Court

Court of Appeal

Case number

Criminal Application E211 of 2024

Judge

JM Ngugi

The Court found that the delay in filing the notice of appeal was minimal and satisfactorily explained, as it was less than twenty days and due to awaiting instructions from the DPP. The absence of opposition from the respondents further supported the applicant's position. The Court agreed that the intended appeal raised a serious and arguable issue regarding whether the High Court erred in requiring extradition proceedings in the magistrate's court before issuing a warrant of arrest for a murder charge, given the High Court's exclusive jurisdiction over such cases. The Court concluded that t…

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• Extension Of Time
• Warrant Of Arrest
• Extradition Procedure
• Jurisdiction Of High Court

Republic v Mutugu & 5 others

Republic v Mutugu & 5 others [2024] KEHC 7548 (KLR)

Court

High Court

Case number

Criminal Case E014 of 2024

Judge

DO Chepkwony

The High Court declined to issue a warrant of arrest for an accused residing in the United States and directed the prosecution to use extradition procedures.

• Extradition Procedure
• Warrant Of Arrest
• Rights Of Accused Persons
• Extradition-procedure
• Warrant-of-arrest
• Rights-of-accused-persons

Said Moussa Moussa v Directorate of Criminal Investigations, Director of Public Prosecution, Cabinet Secretary, Ministry of Interior & Coordination Of National Government, Inspector General of Police & Office of the Attorney General

Said Moussa Moussa v Directorate of Criminal Investigations, Director of Public Prosecution, Cabinet Secretary, Ministry of Interior & Coordination Of National Government, Inspector General of Police & Office of the Attorney General [2022] KEHC 2862 (KLR)

Court

High Court

Case number

Criminal Miscellaneous Application E099 of 2021

Judge

DO Ogembo

The court found that the applicant's removal from Kenya was effected as a deportation under the Kenya Citizenship and Immigration Act, 2011, not as an extradition under the Extradition (Contiguous and Foreign Countries) Act, Cap 76. The Cabinet Secretary had the statutory authority to declare the applicant a prohibited immigrant and order his deportation in the national interest. The requirements for extradition, including magistrate endorsement of warrants, did not apply to this process. The applicant's reliance on extradition procedures was therefore misplaced. The court also found no evide…

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• Extradition Procedure
• Deportation Orders
• Prohibited Immigrants
• Judicial Review Jurisdiction
• Constitutional Rights Arrest
• Immigration Law

Nokia Corporation, Roschier Attonerys Limited, Rajeev Suri & Aapo Saarikivi v Technoservice Limited, Director of Public Prosecution & Directorate of Criminal Investigations

Nokia Corporation, Roschier Attonerys Limited, Rajeev Suri & Aapo Saarikivi v Technoservice Limited, Director of Public Prosecution & Directorate of Criminal Investigations [2021] KEHC 8444 (KLR)

Court

High Court

Case number

Civil Case E052 of 2021

Judge

DO Ogembo

High Court dismissed a revision application challenging orders for virtual plea-taking and electronic service in a private prosecution, while striking out the DPP and DCI as improper respondents.

• Private Prosecution
• Extradition Procedure
• Virtual Plea Taking
• Jurisdiction Of Court
• Revisionary Powers
• Service Of Summons

Alliow Somo Abdi on behalf of the subject Mohamed Adan Abdow, Zuhura Suleiman on behalf of the subject Mohamed Hamid Suleiman & Aisha Suleiman on behalf of the subject Yahya Suleiman Mbuthia v Minister of State for Provincial Administration & Internal Security, Minister for Foreign Affairs& International Co-operation, Commissioner of Police & Attorney General

Alliow Somo Abdi on behalf of the subject Mohamed Adan Abdow, Zuhura Suleiman on behalf of the subject Mohamed Hamid Suleiman & Aisha Suleiman on behalf of the subject Yahya Suleiman Mbuthia v Minister of State for Provincial Administration & Internal Security, Minister for Foreign Affairs& International Co-operation, Commissioner of Police & Attorney General [2019] KEHC 10949 (KLR)

Court

High Court

Case number

Petition 96 of 2011

Judges

DAS Majanja, EC Mwita

The court found that the arrest, detention, and removal of the subjects from Kenya to Uganda without following the extradition procedures set out in the Extradition (Contiguous and Foreign Countries) Act and without any judicial process was unconstitutional and violated the subjects' rights to liberty and immunity from expulsion under the former Constitution. The respondents' reliance on the East African Community Treaty was rejected as it does not override constitutional and statutory requirements for extradition. The searches and seizures conducted on the petitioners and their premises were…

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• Extradition Procedure
• Unlawful Arrest
• Search And Seizure
• Fundamental Rights
• Damages For Rights Violation

Patrick Ayisi Ingoi v Republic

Patrick Ayisi Ingoi v Republic [2018] KECA 43 (KLR)

Court

Court of Appeal

Case number

Criminal Appeal 131 of 2018

Judges

J Wakiaga, RN Nambuye, GK Oenga

The Court of Appeal held that the High Court appeal was competent as the use of handwritten proceedings was explained, permitted by the Deputy Registrar, and regularized with the subsequent filing of typed proceedings. The inclusion of a respondent not present was not prejudicial as legal representation was provided and the absence explained. On the invocation of Part III of Cap 76, the appellant bore the burden of proving that Legal Notice No. 95 of 1996 had not been laid before the National Assembly; in the absence of such proof, the presumption of regularity applied and Part III was deemed…

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• Extradition Procedure
• Fair Trial Rights
• Jurisdictional Challenges
• Subsidiary Legislation Compliance

Oner Mehmet Ihsan & Oner Zekeriya v Inspector General of Police, Director of Public Prosecutions & Interpol

Oner Mehmet Ihsan & Oner Zekeriya v Inspector General of Police, Director of Public Prosecutions & Interpol [2018] KEHC 9245 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application 123 of 2018

The High Court granted two Turkish applicants anticipatory bail, finding a real risk of unlawful arrest on politically motivated allegations and prior rights breaches.

• Anticipatory Bail
• Extradition Procedure
• Politically Motivated Prosecution
• Fundamental Rights
• Arrest And Detention
• Interpol Red Notice

Celestine Ntarwanda alias Edouard Nsengimana v Republic

Celestine Ntarwanda alias Edouard Nsengimana v Republic [2017] KEHC 9587 (KLR)

Court

High Court

Case number

Criminal Revision 46 of 2017

The court held that the 2009 extradition treaty between Kenya and Rwanda was not part of Kenyan domestic law as it had not been properly domesticated or presented before Parliament as required by Section 11(2) of Cap 76. Therefore, there was no binding treaty applicable to extradition proceedings with Rwanda under Part III of the Act. However, Part III of Cap 76, as operationalized by Legal Notice 300 of 1991, remained applicable to Rwanda, and extradition could proceed if the offences in question were covered by the schedule to the Act. The court found that the offences alleged against the a…

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• Extradition Procedure
• Treaty Domestication
• Refugee Status
• Jurisdiction Of Courts

Leone Alberto Fulvio v Director of Public Prosecution

Leone Alberto Fulvio v Director of Public Prosecution [2016] KEHC 2386 (KLR)

Court

High Court

Case number

Miscellaneous Criminal Application 104 of 2016

Judge

DO Chepkwony

The court found that while the applicant's rights to liberty and due process are fundamental and must be protected, these rights must be balanced against Kenya's international obligations to facilitate extradition and the need to ensure that justice is not defeated. The applicant was lawfully arrested pursuant to an Interpol Red Notice and is subject to extradition proceedings. However, the respondent had not yet received a formal extradition request from Italy at the time of arrest. The court held that it would be prudent to release the applicant on bond or bail once he is certified medicall…

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• Extradition Procedure
• Red Notice Interpol
• Bail Pending Extradition
• Arrest And Detention
• Constitutional Rights Of Accused