Home Secretary v Yagnesh Devani (Kenya)


Cases Citation

[2020] EWCA Civ 612; [2020] 1 WLR 2613

The leading case concerning the circumstances in which a court can reject a foreign government’s assurances concerning treatment following extradition.

The Republic of Kenya sought the extradition of Yagnesh Devani, a well-known businessman, to face high-profile fraud charges.  In doing so, it gave assurances as to his treatment.  The First-tier Tribunal held that the Kenyan government was likely to breach those assurances but, by a slip of the pen, dismissed his human rights appeal.  The Upper Tribunal allowed his appeal and, in doing so, declined – because they had not been raised in advance of the hearing – to consider the Secretary of State’s submissions that the tribunal below should not have made the findings it did.

The Court of Appeal allowed the Secretary of State’s appeal, holding that both the Upper Tribunal and First-tier Tribunal made errors of law.  It concluded that the evidence that Kenya would breach its assurances failed to possess the “special force” necessary for Mr Devani’s human rights claim to succeed.

In doing so, it overturned Katsonga [2016] UKUT 228 (IAC), which limits the application of the slip rule; and invited the Tribunal Procedure Committee to reconsider aspects of the Upper Tribunal Rules relating to Respondent’s Notices.

Nicholas Chapman acted for the Secretary of State.

The judgment can be viewed here.

Related Barristers

Nicholas Chapman

Nicholas Chapman
Year of Call: 2001

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