A Kenyan parliamentary committee says Kenyans who were handed over to Ugandan authorities in relation to last year’s bombing incident in Uganda should be returned to be tried at home.

The Defence and Foreign Relations committee of the Kenyan Parliament conducted investigations into the renditions and says in a report before Parliament that seven Kenyans were illegally rendered to Uganda without following the due process of law.

“The Government should take all necessary steps to ensure that the Kenyans rendered to Uganda in contravention of the Constitution are returned to face the due process of law as soon as possible,” part of the report to Parliament states.

The Kenyans were among suspects arrested after a bomb exploded in an entertainment spot in the suburbs of Kampala on July 11, 2010, killing 76 people and leaving 96 seriously injured. The Al Shabaab leadership claimed responsibility for the attacks.

Joint investigations between Ugandan and Kenyan authorities were conducted following the incident. The investigations unearthed what was deemed as credible evidence implicating Kenyans and Ugandans in the bombing.

It resulted in the arrest of 18 Kenyans, 11 of them in Uganda.

Those arrested included the person who allegedly transported the bomb vests. The suspects were locked up in Uganda and some have since been charged while others have been released.

According to Kenya Police Commissioner Mathew Iteere, the terror suspects were arrested after thorough investigations, conducted by the Kenyan authorities in collaboration with Uganda, UK and US security agencies.

Although the committee notes that the decision to hand over the Kenyans was a Government decision taken for the interest of the country, it argues that legal provisions for extradition as provided for under The Extradition (Contagious and Foreign Countries) Act, Chapter 77 Laws of Kenya were not adhered to by the authorities.

Under this section, a state surrenders a suspected or convicted criminal to another country in cases where the suspect is sought for an offence, in which the requesting state wishes to exercise jurisdiction.

The renditions took place before the promulgation of the new Constitution of Kenya and therefore Kenya’s old constitution applied.

Speaking about the renditions, Justice and Constitutional Affairs Minister Mutula Kilonzo said he was not aware of any policy of the government permitting or allowing renditions.

He stated that neither the current nor former Constitution allowed rendition of Kenyan nationals to stand trial in foreign countries. According to the former AG Amos Wako, the normal extradition procedure would involve a formal request from Uganda for a warrant of arrest to be issued, the AG would then forward the request to the Courts and judicial procedures would ensue before rendition.

Internal Security Minister Prof George Saitoti — acting foreign affairs Minister at the time of investigations — told the committee that the arrest and surrender of the suspects was pursuant to provisions of Article 124 of the EAC Treaty.

which provides for partner states to cooperate on security issues.

Internal Security Minister Prof George Saitoti who was acting as the Foreign Affairs Minister at the time of the investigations told the committee that the arrest and surrender of the suspects was pursuant to provisions of Article 124 of the EAC Treaty, which provides for partner states to cooperate on security issues.

He observed that Kenya had a legally binding obligation to arrest and surrender the terror suspects to Uganda for prosecution.