By JILLO KADIDA, Daily Nation
A group of Kenyans who were recently flown back into the country after being held in Ethiopia for several months as terrorist suspects now want to sue the state for kidnapping.
Through their lawyer Mbugua Mureithi, the eight have sent a petition to the Attorney-General notifying him that they intend to bring charges against police officers who escorted them and handed them over to foreign authorities with kidnapping and abuse of office. But before they can take the action they want the A-G to exercise his powers and instruct Police Commissioner Mohammed Ali to investigate the allegations of kidnapping and to charge police officers. In the event the AG fails to respond in the next seven days, they will have no option but go to court themselves and seek reprieve.
They want the A-G to admit liability for the violation of their fundamental rights and freedom on behalf of the police. The eight are Mr Salim Awadh Salim, Hassan Shaban Mwazume, Hussein Mohammed Sader Chirag, Said Hamisi Mohammed, Swaleh Ali Tunza, Kassim Musa Mwarusi, Ali Musa Mwarusi and Abdallah Khalfan Tondwe.
They complained about their arrest, detention and handing over to Somali and Ethiopian authorities saying it was malicious and in contravention of their rights.
Even before they were taken out of the country, the eight said, they were held in police custody for a period longer than 24 hours provided for in law.
Secondly, they said, they were held in Ethiopia and Somalia without trial in violation of their rights to personal liberty as guaranteed in the constitution.
The group also believes that their forceful removal from the country without their consent or even any lawful court order amounts to kidnapping and those behind it should be held responsible.
A person who is found guilty of kidnapping is liable to imprisonment for seven years, according to the law.
The eight who are all citizens of Kenya were arrested on diverse dates between January 7 and 11, 2007 at Kiunga in Lamu district.
Subsequently they were removed from the country and handed over to Somalia and Ethiopian authorities.
They were released last Saturday without being tried before any court of law both in Kenya and the foreign countries where they were detained.