NAIROBI, Kenya — The Kahawa Anti-Terror Court has released Turkish refugee Mustafa Güngör on a Sh1 million personal bond after his arrest and 10-day detention by the Anti-Terror Police Unit (ATPU), a move that rights groups say violated Kenya’s constitutional and international obligations.
Güngör, a Turkish national who has lived in Kenya for more than 15 years, was arrested on the night of December 20 at the Standard Gauge Railway (SGR) Nairobi Terminus shortly after arriving from Mombasa.
He was presented in court after days in custody and ordered to report to the ATPU once every week as investigations continue.
The ATPU told the court that Güngör is being investigated for offences under the Prevention of Terrorism Act (POTA), including terrorism financing, recruitment, and membership in a terrorist organisation.
“Investigations conducted thus far have established that Mr Güngör maintains operational links, communication channels, and ideological alignment with extremist and terrorist networks,” ATPU detective Richard Ngatia told the court.
In court filings, the police said the arrest followed a Mutual Legal Assistance (MLA) request from Turkey, which is seeking cooperation in terrorism-related charges allegedly pending against Güngör before the Kahramanmaras Second High Criminal Court.
However, Amnesty International Kenya and the Law Society of Kenya (LSK) sharply criticised both the arrest and the length of detention, arguing that Güngör is a refugee protected under international law and Kenyan statute.
In a joint statement, the two organisations said the arrest was linked to an alleged 2018 Facebook post and was carried out at the request of the Turkish government, describing the 10-day detention as unlawful and disproportionate.
“The extended pre-trial detention amounted to a grave infringement on his rights and Kenya’s obligations to international standards,” the statement said. “Detaining him away from his family and community without formal charges or clear evidence violated both Kenyan and international legal requirements for prompt charging or release.”
The rights groups urged the government to work closely with the United Nations High Commissioner for Refugees (UNHCR) to ensure Güngör is accorded full protection as a refugee under the UN Refugee Convention and Kenya’s Refugee Act.
They also called on the State to publicly reassure the Turkish refugee community in Kenya that they are protected from transnational repression, violence, or refoulement.
Güngör’s lawyers told the court that he fled Turkey years ago and has lived openly in Kenya for over a decade without any criminal record, warning that cooperation with foreign prosecutions must not override Kenya’s constitutional safeguards and international human rights commitments.
The case has renewed scrutiny of how Kenyan authorities handle terrorism-related requests involving refugees, particularly amid growing global concern over the use of counterterrorism frameworks to pursue political dissidents across borders.
The court is expected to issue further directions as investigations continue.
