31 October 2007
Nairobi — A judge will in two weeks decide whether to summon Internal Security minister John Michuki to explain the whereabouts of a terror suspect allegedly deported to Guantanamo Bay, Cuba.
Mr Justice Jacktone Ojwang is expected to make a ruling on an application by relatives of Mr Mohammed Abdul Malik on November 21.
Mr Malik's family has accused the Government of illegally removing him from the country.
The courts, it said, should come out strongly against such acts and hold the Government accountable.
Contravened law
Mr Salim Khamis Juma and Ms Mariam Mohamed, through lawyer Harun Ndubi, told the judge that the Government contravened the Constitution by removing a Kenyan out of the country without following due process.
They asked why Mr Malik was taken to Guantanamo Bay when he was not a prisoner of war.
The two want the police commissioner, Major-General Hussein Ali and anti-terrorism police unit boss Nicholas Kamwende to go to court and provide records and statements taken in the course of investigation of the activities of Mr Malik.
They told the court that there were reports that their relative was handed over to the American government by the Kenyan Government and was being detained at Guantanamo Bay with no charge preferred against him.
The family claims the US Department of Defence issued a press release in which it admitted to holding Mr Malik.
The statement was given on March 26, a month after the date the Kenyan police said they released Mr Malik, the court heard.
Substantial evidence
The police acknowledged having arrested the suspect on February 13 and released him on February 28.
In an affidavit sworn in court, chief inspector of police Ancent Kaloki said the suspect was arrested after being suspected of being involved in criminal activities.
And after carrying out investigations, he said, police found that there was no substantial evidence to establish an arguable case against the suspect and decided to release him.
The police did not follow up on Mr Malik's whereabouts, he added.
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