OF RETURNS AND RENDITIONS OF INDIVIDUALS, NATIONALS AND TO SOMALIA, ETHIOPIA AND GUANTANAMO BAY, INCLUDING THE CASE OF MR. ABDULMALIK, ON THE BASIS ON NATIONAL SECURITY AND ACTIONS AGAINST TERRORISM. WHAT WAS THE OUTCOME OF THE INVESTIGATIONS, AND THE MEASURES, IF ANY, TAKEN TO PROVIDE REDRESS? Response: 67. Investigations undertaken revealed that Abdulmalik was arrested with an array of identification papers showing that he was not registered as a Kenyan with the National Registration Bureau. Due to insufficient evidence to prefer any charge upon him, he was released on 28th February 2007. Although Abdulmalik was released in Kenya, the government later learnt that he was detained at Guantanamo bay when a habeas corpus application filed by his relative before a court in the United States of America stating that his detention at Guantanamo bay was a violation of Abdulmalik’s rights. Reportedly, the aforementioned application was dismissed as he was found to be a threat to the United States Government. 68. Senior officers have been directed to keep themselves appraised of precedence setting court rulings and observe them in performance of duty. Our courts also have authority to cite any individual for contempt. The ruling of the courts, especially the constitutional courts serve as a reference point for all officers in decision making positions. 69. Further, the police investigate all of renditions and most recently found that nine Kenyan nationals believed to have been captured in Somalia were detained in Ethiopian Prisons. Upon further investigations the Government of Kenya intervened and the nine Kenyan nationals were reunited with their families. 70. In the new constitutional dispensation, the judiciary has been emphatic on the need for observance for human rights and compliance with due process in extraditions. In a judgment delivered on 30th September 2010 in Zuhura Suleiman Commissioner of –vs- Police & 3 Others 6, High Court Miscellaneous Application No. 441 of 2010 (Nairobi),
OF RETURNS AND RENDITIONS OF INDIVIDUALS, NATIONALS AND TO SOMALIA, ETHIOPIA AND GUANTANAMO BAY, INCLUDING THE CASE OF MR. ABDULMALIK, ON THE BASIS ON NATIONAL SECURITY AND ACTIONS AGAINST TERRORISM. WHAT WAS THE OUTCOME OF THE INVESTIGATIONS, AND THE MEASURES, IF ANY, TAKEN TO PROVIDE REDRESS? Response: 67. Investigations undertaken revealed that Abdulmalik was arrested with an array of identification papers showing that he was not registered as a Kenyan with the National Registration Bureau. Due to insufficient evidence to prefer any charge upon him, he was released on 28th February 2007. Although Abdulmalik was released in Kenya, the government later learnt that he was detained at Guantanamo bay when a habeas corpus application filed by his relative before a court in the United States of America stating that his detention at Guantanamo bay was a violation of Abdulmalik’s rights. Reportedly, the aforementioned application was dismissed as he was found to be a threat to the United States Government. 68. Senior officers have been directed to keep themselves appraised of precedence setting court rulings and observe them in performance of duty. Our courts also have authority to cite any individual for contempt. The ruling of the courts, especially the constitutional courts serve as a reference point for all officers in decision making positions. 69. Further, the police investigate all of renditions and most recently found that nine Kenyan nationals believed to have been captured in Somalia were detained in Ethiopian Prisons. Upon further investigations the Government of Kenya intervened and the nine Kenyan nationals were reunited with their families. 70. In the new constitutional dispensation, the judiciary has been emphatic on the need for observance for human rights and compliance with due process in extraditions. In a judgment delivered on 30th September 2010 in Zuhura Suleiman –vs- Commissioner of Police & 3 Others 6, High Court Miscellaneous Application No. 441 of 2010 (Nairobi),
CAT.C.KEN.2_en.docx