NAIROBI, Kenya — Amnesty International Kenya on Monday moved to court seeking the release on bail of Turkish national Mustafa Güngör, warning that his continued detention exposes him to the risk of unlawful refoulement in violation of Kenya’s Constitution and international law.
In a statement, Amnesty Kenya said it had joined lawyers, human rights organisations, and refugee advocates at the Kahawa Anti-Terrorism Court to press for Güngör’s release, describing him as a long-term refugee who poses no flight risk and has committed no crime under Kenyan law.
“Teacher, father of two, is a refugee protected by international law and has been a 15-year resident. He is not a flight risk and has committed no crime,” Amnesty Kenya said, adding that the bail application was supported by the Law Society of Kenya and several civil society groups.
The rights organisation expressed alarm over what it described as a real and imminent risk that Güngör could be returned to Türkiye, where he may face arbitrary detention, torture, or other ill-treatment.
Amnesty said it had reliably learned that Turkish authorities sought his arrest through a Mutual Legal Assistance request sent to the Office of the Attorney General.
According to Amnesty, Güngör was arrested together with his wife Zeliha, their two daughters, Seniha Betül and Zeynep, and his in-laws, Zümrüt and Salim. The organisation said the family’s arrest raised serious concerns about due process and the protection owed to refugees under Kenyan and international law.
“Kenya has an obligation under international law not to return anyone to a country where they face persecution or harm,” Amnesty Kenya said, calling on the Directorate of Criminal Investigations (DCI) and other authorities to respect the principle of non-refoulement, ensure due process, and allow continued access to legal representation and the United Nations High Commissioner for Refugees (UNHCR).
Non-refoulement is a cornerstone of international refugee law and is reflected in Kenya’s 2010 Constitution, the Refugee Act, and international instruments to which Kenya is a party, including the 1951 Refugee Convention and the Convention Against Torture.
The principle prohibits states from returning individuals to countries where they face a real risk of persecution, torture, or other serious human rights violations.
Amnesty Kenya said its officers were also present earlier at the DCI headquarters in Upper Hill alongside family lawyers, as pressure mounted on authorities to clarify the legal basis for the arrests and detention.
The case has drawn attention amid heightened scrutiny of Kenya’s handling of refugees and asylum seekers, particularly in cases involving foreign governments seeking suspects through diplomatic or legal cooperation channels. Human rights groups have repeatedly warned that such requests must not override Kenya’s constitutional safeguards and international obligations.
Legal experts say courts play a critical role in ensuring that extradition or cooperation requests do not result in indirect refoulement, especially where credible allegations of torture or politically motivated persecution exist.
Amnesty and its partners urged the Judiciary to uphold constitutional protections, arguing that granting bail would safeguard Güngör’s rights while the court considers the substantive legal issues surrounding his arrest.
